Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 203 - COST OF CARE REIMBURSEMENT (AIC) › Section 291-203-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Assets: The
			 total value of an inmate's (subject to the provisions of ORS
			 179.640(5))
			 equity in real and personal property of whatever kind or nature. Assets
			 include, but are not limited to, the inmate's stocks, bonds, cash, accounts
			 receivable, moneys due, or any other interests, whether they are self-managed,
			 or held by the individual's authorized representative, or by any other
			 individual or entity on behalf of the inmate. Assets held in trust are subject
			 to laws generally applicable to trusts.
(2) Authorized Representative: An individual
			 or entity appointed under authority of ORS Chapter 125, as guardian or
			 conservator of an inmate, who has the ability to control the inmate's finances,
			 and any other individual or entity holding funds or receiving benefits or
			 income on behalf of the inmate.
(3)
			 Cash Assets/Liquid Reserves: Cash and cash equivalents, accounts receivable,
			 temporary investments such as CDs or Treasury Bills, money market accounts, and
			 bonds that can be cashed at any time.
(4) Charges: The amount the Department has
			 determined that the inmate is required to pay toward the cost of
			 care.
(5) Cost of Care: All
			 services including medical care, room, board, administrative costs and other
			 costs not otherwise excluded by law.
(6) Custody of the Department: The court
			 ordered sentence of an inmate to the Department of Corrections to imprison in a
			 Department operated correctional facility or contracted housing through a
			 county, other state, or other jurisdiction.
(7) Dependents: The individuals for whom an
			 inmate has a legal duty to support.
(8) Distraint Warrant: A warrant or document
			 issued by the Department directed to the sheriff of any county of the state
			 commanding the sheriff to levy upon and sell the real and personal property
			 which is subject to satisfaction of the recoupment lien.
(9) Fair Market Value: The cash price a
			 capable and diligent individual could obtain in a reasonable amount of time for
			 an asset.
(10) Income: All funds
			 received by an inmate, or for an inmate by an authorized representative from
			 any source, whether earned or unearned, after making applicable deductions for
			 state and federal income taxes. Income includes benefits from life insurance,
			 income protection insurance, or any other form of award to the inmate except as
			 prohibited by ORS 179.620(5)(a).
(11) Inmate: Any person under the supervision
			 of the Department of Corrections who is not on parole, probation, or
			 post-prison supervision status.
(12) Personal Estate: All assets including
			 cash, liquid reserves, stocks, bonds, accounts receivable, moneys due, or any
			 other interests, whether they are self-managed, or held by the individual's
			 authorized representative. Personal estate also includes benefits from income
			 protection insurance, governmental retirement or disability insurance, such as
			 Social Security, Veterans, state, federal, and railroad retirement benefits and
			 benefits from life insurance or any other form of award except as prohibited in
			 ORS 179.620(5)(a) and
			 (5)(b).
(13) Primary Automobile: The automobile, if
			 the person has more than one, which the person would choose to keep if required
			 to sell all but one. If the person has only one, it is the primary personal
			 automobile.
(14) Primary Person
			 Residence: The home the inmate owns, or is purchasing, and in which the inmate
			 lived prior to entering the custody of the Department, or in which the inmate
			 will live after leaving the custody of the Department.
(15) Recoupment Liens: A charge or security
			 or encumbrance upon real or personal property that can be used to satisfy the
			 amount due for the inmate's cost of care.
(16) Support for Dependents: The cash
			 necessary to meet the reasonable needs of the dependents, less the amount the
			 dependent receives from any other source. Support for dependents excludes
			 administratively or judicially ordered child and/or spousal support.
Statutory/Other Authority: ORS
				  179.040,
				  179.610 -
				  179.770,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  179.610 -
				  179.770,
				  423.020,
				  423.030 &
				  423.075