Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Active Case: A
			 case or proceeding that is pending before a court or paroling
			 authority.
(2) Cursory Review: A
			 quick scan of documents conducted by the library coordinator or other
			 corrections staff to verify that the documents belong to the inmate and are
			 legal in nature.
(3) Department of
			 Corrections Facility: Any institution, facility, or staff office, including the
			 grounds, operated by the Department of Corrections.
(4) Functional Unit: Any organizational
			 component within the Department of Corrections responsible for the delivery of
			 services or coordination of programs.
(5) 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 who has responsibility
			 for delivery of program services or coordination of program
			 operations.
(6) General Legal User:
			 An inmate requesting access to law library services, equipment, or supplies in
			 order to conduct legal research or to prepare a legal document in a matter that
			 does not raise a legal challenge to the inmate's conviction or sentence, or to
			 the conditions of the inmate's prison confinement, that is pending before or to
			 be submitted to a court or paroling authority, including but not limited to the
			 following matters: marriage dissolution(divorce), child custody, paternity,
			 estate matters, DMV matters, social security benefits, wills, power of
			 attorney, immigration, internal DOC administrative grievances, and general
			 research
(7) Imminent Court
			 Deadline: A deadline for the filing of a legal document with a court or
			 paroling authority that must be received by the court or paroling authority
			 within 30 calendar days.
(8)
			 Indigent Inmate: An indigent inmate without sufficient funds in the inmate's
			 trust account at the time of request to pay for supplies or services needed to
			 prepare or make required filings with a court or paroling authority.
(9) Inmate: Any person under the supervision
			 of the Department of Corrections who is not on parole, probation, or
			 post-prison supervision status.
(10) Legal Documents: Pleadings (i.e.,
			 complaint, petition or answer), legal motions and memoranda, affidavits, court
			 orders and judgments, or other necessary papers submitted to a court in
			 connection with a legal action. For purposes of these rules "legal documents"
			 include necessary papers submitted to the Oregon Board of Parole and
			 Post-Prison Supervision and equivalent releasing authorities in other state and
			 federal jurisdictions in connection with official actions and proceedings of
			 such authorities.
(11) Legal
			 Assistant: An inmate assigned to work in a facility law library to help guide
			 and assist other inmates with legal research and preparation of legal documents
			 for filing with a court or paroling authority.
(12) Library Coordinator: A department
			 employee assigned to provide general and law library services to inmates in a
			 Department of Corrections facility.
(13) Priority Legal User: An inmate
			 requesting access to law library services, equipment, or supplies in order to
			 conduct legal research or to prepare a legal document in a matter that raises a
			 legal challenge to the inmate's conviction or sentence, or to the conditions of
			 the inmate's prison confinement that is pending before or to be submitted to a
			 court or paroling authority. Matters may include: direct appeals and collateral
			 challenges to the inmate's conviction or sentence in state or federal court
			 (i.e., direct appeals in Oregon Court of Appeals and Oregon Supreme Court, and
			 United States Supreme Court; petitions for post-conviction relief in Oregon
			 Circuit Court, and appeals in the Oregon Court of Appeals, Oregon Supreme
			 Court, and United States Supreme Court; petitions for habeas corpus in United
			 States District Court, and appeals in United States Courts of Appeal and United
			 States Supreme Court; petitions for habeas corpus in in Oregon Circuit Court,
			 and appeals in Oregon Court of Appeals and Oregon Supreme Court; actions for
			 violation of federal civil rights under
			 42 USC Section
			 1983 in United States District Court, and
			 appeals in United States Courts of Appeal and United States Supreme Court; and
			 actions for violation of federal civil rights under
			 42 USC section
			 1983 filed in Oregon Circuit Court, and
			 appeals in Oregon Court of Appeals and Oregon Supreme Court).
(14) Removable Media: Any storage device that
			 can be portable, accessible, or connected to any computing device with the
			 ability to process the contents held on that media. Examples include but are
			 not limited to USB-based memory sticks, removable memory cards, portable
			 audio/media players that support data storage, removable memory-based media,
			 such DVDs, CDs, or floppy disks.
(15) Special Housing: Inmate housing
			 assignments other than general population.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075