reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 127 - VISITING › Section 291-127-0510 - Suspension or Removal from Inmate Visiting List

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Visitors found in violation of one or
			 more of these rules are subject to sanctions as directed by the superintendent
			 or designee. Sanctions for visitors found in violation of these rules are
			 listed in Exhibit A.
(2) The
			 superintendent or designee may suspend the inmate's visits with the visitor,
			 restrict visitation to basic visiting, or remove a visitor from an inmate's
			 approved visiting list for any violations of these rules. Basic visits may also
			 be imposed if, the Department of Corrections believes, in its sole discretion,
			 that continued visitation between the visitor and the inmate poses a threat to
			 the safety, security, health and good order of the facility, and or the safety
			 and security of other inmates, staff, visitors, contractors or the community.
(a) The superintendent or designee may
			 temporarily suspend an inmate's visits for 14 days in the event of an on-going
			 investigation.
(b) A written
			 report (CD 704D) documenting the suspension, restriction or removal shall be
			 prepared and sent to the inmate and to the inmate's visitor within seven days
			 of the action. The report shall contain a short and concise statement of the
			 reasons for the suspension and a recommendation for the action to be taken. The
			 recommended action may be assignment to basic visiting, suspension of visiting
			 for a limited duration, or permanent removal.
(c) The visitor may request review of the
			 recommended action by submitting a written review request to the superintendent
			 or designee. A review request must be received no later than 30 days following
			 the date of the notification of suspension.
(d) If the visitor does not submit a timely
			 written review request, the recommended action contained in the written report
			 shall be accepted by the superintendent or designee and serve as the final
			 decision.
(e) If the visitor
			 submits a timely written review request, the superintendent or designee shall
			 issue a final decision on the recommended action within 45 days of the receipt
			 of the written request, absent a pending administrative or criminal
			 investigation or other extraordinary circumstance which in the sole judgment of
			 the superintendent or designee requires or warrants additional time.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 127 - VISITING › Section 291-127-0515 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Request for
			 Administrative Review by Director's Designee
(a) An inmate or prospective visitor may
			 request administrative review of a decision denying a visiting application by
			 submitting a completed Administrative Review form (CD 1594) to the Inmate
			 Services Unit. The administrative review request must include information
			 supporting reversal or modification of the decision and be submitted with
			 copies of any documents or official records in support of the same. The
			 administrative review request must be received by the Inmate Services Unit
			 within 60 days of the date of the visiting application denial letter.
(b) Upon the Inmate Services Unit's timely
			 receipt of a completed Administrative Review Request Form (CD1594) together
			 with copies of any supporting documents or updated official records, the
			 Director's designee will review the decision denying the visiting application
			 and either affirm, reverse or otherwise modify the decision as circumstances
			 warrant. The Director's designee may request additional information from the
			 inmate, prospective visitor, law enforcement agency or other reliable resource
			 in order to complete the review.
(c) Reversal or Modification of a Decision
			 Denying a Visiting Application: A decision denying a visiting application may
			 be reversed or modified by the Director's designee on in the following
			 circumstances:
(A) The initial decision is
			 determined by the Director's designee to have been made in error based on
			 incorrect information, or an incorrect application of these rules; or
(B) Circumstances impacting visiting
			 eligibility changed since the date of the decision denying the visiting
			 application under review.
(d) The Director's designee's decision on
			 administrative review shall be applied consistently to all Department
			 facilities, unless otherwise stated in the decision, and will be noted in the
			 DOC Visitor Tracking System.
(e)
			 The Director's designee's decision shall be final and not subject to further
			 review.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 127 - VISITING › Section 291-127-0515 - Administrative Review of Denied Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate or
			 prospective visitor may request an administrative review of the decision to
			 deny a visiting application by completing an Administrative Review form (CD
			 1594) and submitting it to the Inmate Services Unit. The administrative review
			 request must be received by the Inmate Services Unit within 30 days of the date
			 of the visiting application denial letter.
(2) The Director's designee will review the
			 decision to deny the visiting application and either affirm, reverse or
			 otherwise modify the decision as circumstances warrant. The Director's designee
			 may request additional information from the inmate, prospective visitor, law
			 enforcement agency or other reliable resource in order to complete the
			 review.
(3) The decision of the
			 Director's designee shall be final and not subject for further review for a one
			 year period after which the inmate or visitor may again apply for
			 administrative review.
(4) The
			 designee's decision on an administrative review shall be applied consistently
			 to all Department facilities, unless otherwise stated in the decision, and will
			 be noted in the DOC Visitor Tracking 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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 130 - TELEPHONES (INMATE) › Section 291-130-0005 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 130 - TELEPHONES (INMATE) › Section 291-130-0006 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Access to
			 Inmate Telephone System: An inmate's use of a personal identification number
			 (PIN) and validated voice recognition to connect to the inmate telephone
			 system.
(2) Functional Unit
			 Manager: Any person within the Department of Corrections who reports to either
			 the Director, Deputy Director, an assistant director, or an administrator and
			 has responsibility for the delivery of program services or coordination of
			 program operations. In these rules, the functional unit manager is the
			 superintendent of an institution or the Inspector General.
(3) Inmate Telephone System: The system
			 authorized by the Department of Corrections to facilitate inmate telephone
			 calls and video interactive phone (VIP) calls.
(4) Legal Telephone Calls: Telephone calls
			 between an inmate and his/her attorney or the attorney's documented
			 representative(s), legal aid bureaus, or other organizations as deemed
			 appropriate by the department.
(5)
			 Media Representatives:
(a) Persons whose
			 principal employment is with an accredited media organization;
(b) Unaffiliated persons who produce
			 credentials or other written documentation from an accredited media
			 organization evidencing that the media organization has contracted with the
			 person to purchase his/her completed work or project;
(c) Unaffiliated persons who are affiliated
			 with a department contractor or volunteer in connection with a department
			 program or service; or
(d) Authors
			 of books who produce credentials or other written documentation that a
			 commercial publisher has contracted to purchase their completed work/project.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 130 - TELEPHONES (INMATE) › Section 291-130-0011 - Operation of Inmate Telephones

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 130 - TELEPHONES (INMATE) › Section 291-130-0016 - General Provisions for Inmate Telephones

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All calls must be placed as collect or
			 prepaid. Only collect or prepaid calls can be made from telephones designated
			 for inmate use.
(2) The functional
			 unit manager or designee has the authority to restrict telephone calls by an
			 inmate if the safety of the public would be involved, or the security of the
			 facility, or safety and welfare of any person would be jeopardized.
(3) Inmates shall not participate in three
			 way calls or any form of call forwarding. An inmate may be assessed a service
			 fee from the inmate telephone service provider if it is verified he/she has
			 participated in a three-way call or any form of call forwarding.
(4) Inmates shall not place charges to third
			 party numbers, motels, hotels, places of business, credit cards or to telephone
			 company calling card numbers.
(5)
			 If the telephone call cannot be completed because no one answers or the line is
			 busy, the inmate shall hang up and attempt another call at another time.
(6) Inmates shall not loiter in
			 the surrounding area where telephones are located.
(7) Only one inmate at a time shall be
			 permitted access to a telephone. The inmate who initiates a call is the only
			 person authorized to converse with the contact party during that call.
(8) Inmates may be required to
			 sign up on the telephone log (CD755) to reserve a time to use a telephone in a
			 housing unit or activity area when there are a large number of inmates who want
			 access to a telephone and there are a limited number of telephones.
(9) A set of Oregon telephone directories for
			 major cities shall be located in the facility library.
(10) Special Housing: Inmates in special
			 housing may be allowed telephone services as established by the functional unit
			 manager. Special housing includes administrative housing, disciplinary
			 segregation, Intensive Management Unit, Death Row housing, mental health
			 special housing, and facility infirmaries.
(a) Inmates in special housing may have
			 restricted telephone services, and be allowed only emergency calls, legal calls
			 as specified in OAR 291-130-0021, or other calls as
			 authorized by the functional unit manager or designee.
(b) Inmates in mental health special housing
			 may have limited access to telephones if the access interferes with the
			 inmate's treatment.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 130 - TELEPHONES (INMATE) › Section 291-130-0020 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 130 - TELEPHONES (INMATE) › Section 291-130-0021 - Legal Calls

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 130 - TELEPHONES (INMATE) › Section 291-130-0025 - Operation and General Provisions of VIP Calls

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Inmates are required to provide their
			 personal identification number (PIN) and comply with a validation process to
			 gain access to the inmate telephone system to make VIP calls.
(2) The same provisions that apply to
			 telephone calls as specified in OAR
			 291-130-0011 apply to VIP calls
			 (security of PIN and access).
(3)
			 Inmates are responsible to schedule VIP calls through the inmate telephone
			 system via kiosks located throughout each institution.
(a) Accessibility to VIP calls will differ by
			 institution given the uniqueness of each institution.
(b) Inmates will be allowed to make VIP calls
			 during designated times based on a first-come, first-served basis to access
			 their accounts with staff authorization.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 130 - TELEPHONES (INMATE) › Section 291-130-0026 - Monitoring, Termination and Blocking of Telephone and VIP Calls

Current through Register Vol. 63, No. 7, July 1, 2024
(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."
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 130 - TELEPHONES (INMATE) › Section 291-130-0030 - Emergency Access

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 130 - TELEPHONES (INMATE) › Section 291-130-0050 - Use of Institution Telephones (Inside Lines)

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 130 - TELEPHONES (INMATE) › Section 291-130-0060 - Location of Telephones and Hours of Telephone Use

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 130 - TELEPHONES (INMATE) › Section 291-130-0080 - Remaining Telephone Fund Balances Upon Release

Current through Register Vol. 63, No. 7, July 1, 2024
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 OAR
				291-158-0065. Any remaining
				funds are disbursed to the inmate through the Oregon Trail card or by
				check.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 131 - MAIL (AIC) › Section 291-131-0005 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(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 inmate 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 inmate rehabilitation, it is the policy of
			 the Department of Corrections (DOC) to permit inmates to send and receive mail
			 in the manner, and under the circumstances, set forth in these rules.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 131 - MAIL (AIC) › Section 291-131-0015 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The functional
			 unit manager or designee will ensure employees responsible for mail room
			 operations are properly trained prior to assignment.
(2) Inmates shall not send, receive,
			 transfer, or possess mail that violates the provisions of these rules.
(3) Inmates shall not send,
			 receive, transfer, or possess mail to or from the victim(s) of their crime(s)
			 of conviction (both past and present), except as authorized in writing by the
			 functional unit manager or designee.
(4) Inmates shall not conduct business
			 transactions by mail without the prior written consent of the functional unit
			 manager or designee.
(5) Excluding
			 weekends and holidays, incoming and outgoing correspondence should be processed
			 within two days of receipt; publications and packages within four days of
			 receipt, unless the mail is being reviewed for possible violations. There are
			 no time frames for conducting reviews.
(6) All incoming and outgoing mail is subject
			 to inspection or examination. Legal and official mail is subject to inspection
			 or examination as provided in OAR 291 131 0030.
(7) Each month an inmate who in the previous
			 month has not accumulated the cost of five postage-paid envelopes (for less
			 than one ounce) in his/her trust account, will be issued five postage paid
			 envelopes by the facility if he/she requests.
(8) Inmate-to-Inmate Mail Restriction:
(a) An inmate may be prohibited from
			 corresponding with another inmate when directed by the Department of
			 Corrections facility functional unit manager or designee, and approved by the
			 Assistant Director of Operations/designee, based on specific circumstances or
			 information which, in their judgment, indicates that the inmate has or may use
			 correspondence with the other inmate in order to violate provisions of law,
			 department administrative rules, or to otherwise engage in activity that
			 threatens or impairs the security, good order, or discipline of the facility,
			 inmate rehabilitation, or the health or safety of inmates, staff, or the
			 public, or to engage in other activity that threatens or is detrimental to
			 other legitimate penological objectives.
(b) The affected inmate will be notified of
			 the restriction through written directive. A decision to order an
			 inmate-to-inmate mail restriction under these rules shall be final and not
			 subject to administrative review.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 131 - MAIL (AIC) › Section 291-131-0020 - Outgoing Mail

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Outgoing mail
			 must be written with lead or color pencil, pen, nontoxic markers or be
			 typewritten or photocopied.
(2)
			 Outgoing mail shall be enclosed in an approved Department of Corrections
			 envelope with U.S. Postage. The envelope shall contain the inmate's court name,
			 SID number, and return address, and the recipient's name and address on the
			 front of the envelope free from obstruction. Official or legal mail must be
			 labeled as such in accordance with OAR
			 291-131-0030. If the sender
			 cannot be identified, the mail will be destroyed.
(3) Business mail to Department of
			 Corrections officials in Central Administration requires the inmate's court
			 name, SID number, and return address, and the official's name and/or title and
			 address. Business mail sent to Central Administration may be sent through the
			 interagency mail system.
(4)
			 Inmates shall not send any item "prohibited from receipt by mail" as described
			 under OAR 291 131 0035, except as authorized by the functional unit manager.
(5) Inmate-to-Inmate
			 Correspondence:
(a) Inmates are authorized to
			 correspond with other inmates if the correspondence is otherwise in compliance
			 with department rules.
(A) Inmates may send
			 only the following items to another inmate:
(i) Correspondence;
(ii) One drawing per envelope; and
(ii) One photograph per envelope.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 131 - MAIL (AIC) › Section 291-131-0021 - Outgoing Mail Restriction

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The department may prohibit an inmate 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 inmate 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 his/her decision. The decision will be final and will not be
			 subject to administrative review. If an outgoing mail restriction is ordered,
			 the inmate and the person requesting the outgoing mail restriction shall be
			 provided with a copy of the Outgoing Mail Restriction Notice (CD 618d).
(4) Inmates may not request an
			 outgoing mail restriction.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 131 - MAIL (AIC) › Section 291-131-0025 - Incoming Mail

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Incoming mail
			 shall have, on the front of the envelope free from obstruction, the sender's
			 name and return address, and shall be addressed to the inmate using his/her
			 court name and SID number.
(a) Inmates who
			 legally change their name while in custody must verify the change and may seek
			 approval to include their new name under the court name, labeled as a.k.a.
(b) If the inmate recipient cannot
			 be positively identified, the mail will be returned to the sender. A reasonable
			 attempt will be made to identify the inmate recipient.
(c) Mail with no return address shall be
			 refused and returned to the U.S. Postal Service or other authorized mail
			 service provider. No notice will be given to the inmate.
(d) The placement of the return address for
			 international mail shall be in accordance with the sending country's postal
			 regulations.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 131 - MAIL (AIC) › Section 291-131-0026 - Electronic Messaging

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Availability and Inmate Access:
(a) The
			 Department of Corrections may, in its sole discretion, authorize eligible
			 inmates 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 Performance
			 Recognition and Award System (PRAS) rules (OAR 291-077).
(b) Inmates 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) Inmates shall not use the electronic
			 messaging system to correspond with other inmates.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 131 - MAIL (AIC) › Section 291-131-0030 - Examination/Inspection of Legal and Official Mail

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Legal or 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 or official mail under OAR 291 131 0010 (14)
			 or (18) 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
			 and official mail but lacks the proper designation shall be processed as
			 ordinary mail ( shall be subject to inspection; for example, opening,
			 examination, reading or photocopying)outside the inmate's presence.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 131 - MAIL (AIC) › Section 291-131-0035 - Prohibited Mail

Current through Register Vol. 63, No. 7, July 1, 2024
The following materials constitute prohibited mail that shall
				be confiscated or returned to the sender:
(1) Sexually Explicit Material:
(a) Sexually explicit material that by its
			 nature or content poses a threat or is detrimental to the security, good order
			 or discipline of the facility, inmate rehabilitation, or facilitates criminal
			 activity including but not limited to the following:
(A) Individual photographs in which the
			 subject is nude or exposes male or female genitalia, the pubic area, anus, or
			 female areola.
(B) Freestanding
			 nude or partially nude images that include clippings from newspapers and
			 magazines, photocopies, electronic images, printed web pages, drawings,
			 photographs, and other media. Such images, whether human or anime (cartoon),
			 may not include nude subjects, or depict or display male or female genitalia,
			 the pubic area, anus, or female areola.
(C) Sexual Acts or Behaviors:
(i) Portrayal of actual or simulated sexual
			 acts or behaviors between human beings including, but not limited to,
			 intercourse, sodomy, fellatio, cunnilingus, or masturbation.
(ii) Portrayal of actual or simulated
			 penetration of the vagina or anus, or contact between the mouth and the breast,
			 genitals, or anus.
(iii) Portrayal
			 of actual or simulated stimulation of the breast, genitals, or anus.
(iv) Portrayal of actual or simulated acts or
			 threatened acts of force or violence in a sexual context, including but not
			 limited to forcible intercourse (rape) or acts of sadomasochism emphasizing the
			 infliction of pain.
(v) Portrayal
			 of actual or simulated sexual acts or behaviors in which one of the
			 participants is a minor, or appears to be under the age of 18.
(vi) Beastiality: Portrayal of actual or
			 simulated sexual acts or behaviors between a human being and an animal.
(D) Excretory
			 Functions: Portrayal of actual or simulated human excretory functions
			 including, but not limited to urination, defecation, or ejaculation.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 131 - MAIL (AIC) › Section 291-131-0037 - Disposition of Prohibited Mail

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Mail, if not confiscated, will be returned to the U.S. Postal Service, or to
			 the applicable mail service provider, for not meeting requirements provided in
			 these rules.
(2) Contraband:
(a) Illegal contraband or evidence of a crime
			 shall be confiscated and turned over to the Oregon State Police. No notice of
			 confiscation shall be given.
(b)
			 Non-Inmate Sender:
(A) Contraband (including
			 unauthorized attachments or enclosures) that is not illegal or evidence of a
			 crime shall be returned to the non inmate sender with the contents of the
			 envelope or package intact, together with a Mail Violation Notice (CD 618a).
(B) Unauthorized items with
			 minimal monetary value (e.g., paper clips, rubber bands, uncancelled stamps,
			 book marks, envelopes, blank paper, blank cards, blank postcards, etc.) may be
			 removed and destroyed and the remaining mail sent to the inmate if the
			 remaining contents are otherwise in compliance with department rules. No notice
			 shall be provided to the sender or inmate recipient for the removal and
			 destruction of minimally valued items.
(c) Inmate Sender: Any enclosures (i.e.,
			 photographs, hand-made drawings in excess of that allowed) that are not illegal
			 or evidence of a crime, or that are otherwise not prohibited in outgoing mail
			 under these rules shall be returned to the inmate sender with the contents of
			 the envelope or package intact, together with a Mail Violation Notice (CD
			 618a). Any item that poses a threat or is a detriment to the security, good
			 order, or discipline of the facility, or that would encourage or instruct in
			 criminal activity, may be confiscated and retained pending an investigation. If
			 appropriate, the inmate may be issued a misconduct report, in accordance with
			 the rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR
			 291-105).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 131 - MAIL (AIC) › Section 291-131-0050 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Correspondence and Publications:
(a)
			 Non-Inmate Sender:
(A) A non-inmate sender
			 who has received a mail violation, publication violation, or confiscation
			 notice for written or pictorial content may obtain an independent review of the
			 rejection of mail by writing to the functional unit manager or designee and
			 requesting an administrative review within 30 days of the date of the notice.
			 The review request shall specify in writing the reason why the rejection should
			 not be sustained and include the rejection notice. The rejected mail, if
			 returned to the sender, must be submitted with the violation or confiscation
			 notice along with the review request.
(B) An intended inmate recipient who has
			 received a mail violation, publication violation, or confiscation notice for
			 written or pictorial content may obtain an independent review by writing to the
			 functional unit manager or designee and requesting an administrative review
			 within 30 days of the date of the notice. The review request shall specify type
			 of violation (mail, publication, or confiscation), date of violation, and name
			 and issue date of any involved publication.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 133 - MARRIAGES (INMATE) › Section 291-133-0005 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  137.285,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  137.285,
				  179.040,
				  423.020,
				  423.030,
				  423.075 & 2007 OL Ch.
				  99
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 133 - MARRIAGES (INMATE) › Section 291-133-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  137.285,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  137.285,
				  179.040,
				  423.020,
				  423.030,
				  423.075 & 2007 OL Ch.
				  99
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 133 - MARRIAGES (INMATE) › Section 291-133-0015 - Marriage or Domestic Partnership Solemnization Ceremony Application, Approval, and Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate incarcerated in a Department of
			 Corrections facility wishing to marry or have a domestic partnership
			 solemnization ceremony may obtain necessary forms from designated staff.
(2) The department will not
			 transport inmates for the purpose of participating in a marriage or domestic
			 partnership solemnization ceremony.
(3) Marriages and domestic partnership
			 solemnization ceremonies in a Department of Corrections facility will occur two
			 times per year on the fourth week of April and October.
(4) A Request for Inmate Marriage or Domestic
			 Partnership Solemnization Ceremony form (CD1396) must be submitted for approval
			 to designated staff at least six weeks prior to the scheduled marriage or
			 ceremony date.
(a) An inmate requesting a
			 solemnization ceremony must also submit a certified copy of the inmate's
			 Declaration of Domestic Partnership registered with the County Clerk's Office.
(b) Designated staff shall approve
			 or disapprove the request within 15 working days following receipt, except that
			 approval or disapproval may be delayed for up to 30 working days if the
			 accuracy of the information provided on the Request for Inmate Marriage or
			 Domestic Partnership Solemnization Ceremony form (CD1396) is in doubt.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 133 - MARRIAGES (INMATE) › Section 291-133-0025 - Marriage or Domestic Partnership Solemnization Ceremony

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Staff will
			 arrange for the marriage or domestic partnership solemnization ceremony to be
			 scheduled in the area designated after all necessary forms are processed and
			 confirmations have been made.
(2)
			 All guests (including participants) attending the marriage or domestic
			 partnership solemnization ceremony must be approved for privileged visiting in
			 accordance with the Department of Corrections rule on Visiting (Inmate) (OAR
			 291-127) on the day of the ceremony. In accordance with OAR
			 291-133-0015(5)(d),
			 this requirement may be waived for an applicant who is assigned to
			 administrative housing for reasons of protective custody, or for an applicant
			 who is on death row status.
(a) All guests
			 will be processed into the institution in accordance with procedures for
			 regular privileged visiting.
(b) A
			 maximum of ten guests (not including the official performing the marriage or
			 individual conducting the domestic partnership solemnization ceremony) will be
			 permitted to attend the ceremony with the applicants.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 133 - MARRIAGES (INMATE) › Section 291-133-0035 - Inmate-to-Inmate Marriages and Domestic Partnership Solemnization Ceremonies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 satisfying the eligibility requirements of OAR
			 291-133-0015, except subsection
			 (5)(d), may be permitted to marry or enter a domestic partnership with another
			 applicant provided they reside in the same facility.
(2) The department will not transport inmates
			 for the purpose of participating in a marriage or domestic partnership
			 solemnization ceremony.
Stat. Auth.: ORS
				  137.285,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  137.285,
				  179.040,
				  423.020,
				  423.030,
				  423.075 & 2007 OL Ch.
				  99
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0005

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0015

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.:ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Copies of the Exhibit referenced in this rule are available
				  from the agency.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0025

Current through Register Vol. 63, No. 7, July 1, 2024
The exhibit referenced in this rule is not printed in the OAR
				  Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0028

Current through Register Vol. 63, No. 7, July 1, 2024
The attachment referenced in this rule is not printed in the
				  OAR Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075