reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 149 - WORK RELEASE PROGRAMS › Section 291-149-0135 - Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The work
			 release approval authority, in its sole discretion, may approve or deny
			 assignment and participation of eligible inmates in a Department-approved work
			 release program based on its determination that the inmate's participation in a
			 program is consistent with the safety of the community, the welfare of the
			 inmate, the program objectives and the rules of the Department.
(2) Inmates Meeting criteria for "Community"
			 Work Assignments:
(a) In addition to receiving
			 approval from the work release approval authority for assignment and
			 participation in a work release program, inmates meeting the criteria for
			 'Community' work assignment pursuant to OAR
			 291-082-0110(3)
			 must also receive approval from either the Assistant Director of Correctional
			 Services or designee, or from the Assistant Director of Operations or designee,
			 as described below:
(A) Approval of the
			 Assistant Director of Correctional Services or designee is required for
			 placement of an inmate in a work release program for the purposes of alcohol
			 and drug treatment; education, including but not limited to vocational,
			 technical and general education; mental health programs; or specific treatment
			 to develop independent living skills.
(B) Approval of the Assistant Director of
			 Operations or designee is required for placement of an inmate in a work release
			 program for the purpose of participating in an inmate work program.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 149 - WORK RELEASE PROGRAMS › Section 291-149-0140 - Release Notification

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				144.260, the work release
				approval authority shall ensure that the proper authorities and persons are
				notified of an inmate's pending release to participate in a work release
				program.
Statutory/Other Authority: ORS
				  144.260,
				  144.410-525,
				  179.040,
				  421.440,
				  423.020,
				  423.030,
				  423.075 & 1997 OL, Ch. 313,
				  851 & 852
Statutes/Other Implemented: ORS
				  144.260,
				  144.410-525,
				  179.040,
				  421.440,
				  423.020,
				  423.030,
				  423.075 & 1997 OL, Ch. 313,
				  851 & 852
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 149 - WORK RELEASE PROGRAMS › Section 291-149-0150 - Inmate Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Inmates
			 participating in a Department-approved work release program shall comply with
			 all Department of Corrections administrative rules, or designated outside
			 agency rules and policies as applicable, and with any special conditions of
			 participation or standards of conduct established by the work release approval
			 authority, program staff or housing facility.
(2) Inmates participating in a work release
			 program retain their legal status as an inmate and are subject to all
			 applicable laws and Department of Corrections administrative rules pertaining
			 to inmates.
Statutory/Other Authority: ORS
				  144.260,
				  144.410-525,
				  179.040,
				  421.440,
				  423.020,
				  423.030,
				  423.075 & 1997 OL, Ch. 313,
				  851 & 852
Statutes/Other Implemented: ORS
				  144.260,
				  144.410-525,
				  179.040,
				  421.440,
				  423.020,
				  423.030,
				  423.075 & 1997 OL & Ch.
				  313
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 149 - WORK RELEASE PROGRAMS › Section 291-149-0160 - Performance Awards

Current through Register Vol. 63, No. 7, July 1, 2024
Inmates participating in a Department of Corrections work
				release program may be considered at the discretion of the Department for
				monetary awards and non-monetary incentives in accordance with the Department
				of Corrections rules on Performance Recognition and Award System (Inmate), OAR
				291-077.
Statutory/Other Authority: ORS
				  144.260,
				  144.410-525,
				  179.040,
				  421.440,
				  423.020,
				  423.030,
				  423.075 & 1997 OL, Ch. 313,
				  851 & 852
Statutes/Other Implemented: ORS
				  144.260,
				  144.410-525,
				  179.040,
				  421.440,
				  423.020,
				  423.030,
				  423.075 & 1997 OL, Ch. 313,
				  851 & 852
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 149 - WORK RELEASE PROGRAMS › Section 291-149-0170

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  144.260, ORS
				  144.410 - ORS
				  144.525, ORS
				  179.040, ORS
				  421.440, ORS
				  423.020, ORS
				  423.030, ORS
				  423.075 & 1997 OL, Ch. 313,
				  851 & 852
Stats. Implemented: ORS
				  144.260, ORS
				  144.410 - ORS
				  144.525, ORS
				  179.040, ORS
				  421.440, ORS
				  423.020, ORS
				  423.030, ORS
				  423.075 & 1997 OL, Ch. 313,
				  851 & 852
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 149 - WORK RELEASE PROGRAMS › Section 291-149-0180 - Escort/Transport

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The work
			 release approval authority may require that inmates participating in a work
			 release program be escorted to and from specific activities by program staff.
			 The mode of transportation must be approved in advance by the work release
			 approval authority.
(2) Except as
			 otherwise directed by the work release approval authority or program staff, an
			 inmate assigned to participate in a work release program may be authorized to
			 leave his/her place of confinement without escort if:
(a) The inmate has secured authorization to
			 participate in an inmate work program in the community approved by the
			 Department or has enrolled in an education or treatment program approved by the
			 Department; and
(b) Program staff
			 have verified all aspects of the work release assignment, including, where
			 applicable, the terms and conditions of assignment and participation in the
			 work release program contained in the Department/employer written agreement.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 149 - WORK RELEASE PROGRAMS › Section 291-149-0190

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  144.260, ORS
				  144.410 - ORS
				  144.525, ORS
				  179.040, ORS
				  421.440, ORS
				  423.020, ORS
				  423.030, ORS
				  423.075 & 1997 OL, Ch. 313,
				  851 & 852
Stats. Implemented: ORS
				  144.260, ORS
				  144.410 - ORS
				  144.525, ORS
				  179.040, ORS
				  421.440, ORS
				  423.020, ORS
				  423.030, ORS
				  423.075 & 1997 OL, Ch. 313,
				  851 & 852
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 149 - WORK RELEASE PROGRAMS › Section 291-149-0200 - Suspension or Termination from a Work Release Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Temporary Removal from Work Release
			 Assignment: The work release approval authority or designee, program staff, or
			 other designated Department of Corrections staff may, in their sole discretion,
			 temporarily remove an inmate from his/her work release assignment, which may
			 include returning the inmate to secure custody, at any time without a hearing.
(2) Suspension from Work Release
			 Assignment: The work release approval authority or designee may, in the
			 authority's or designee's sole discretion, suspend an inmate from his/her work
			 release assignment, if the authority or designee believes that:
(a) The inmate has violated any law,
			 Department of Corrections administrative rule, or any specific condition of
			 program participation prescribed by the Department or designated outside agency
			 applicable to the inmate;
(b) The
			 inmate's continued participation in the work release program poses a threat to
			 staff, other inmates, or to the general public; or
(c) The inmate's continued participation in
			 the work release program is otherwise not in the best interest of the inmate or
			 of the community.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 149 - WORK RELEASE PROGRAMS › Section 291-149-0205 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate
			 who is terminated from a work release program may obtain review of his/her
			 termination by requesting an administrative review in writing to:
(a) The Assistant Director for Correctional
			 Services or designee, if participating in a work release program for the
			 purpose of education or treatment or if participating in a work release program
			 from a designated outside agency, or
(b) The Assistant Director for Operations or
			 designee, if participating in an inmate work program as a work release program
			 from a Department of Corrections facility.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 149 - WORK RELEASE PROGRAMS › Section 291-149-0210 - Security Precautions for Work Release Program Staff

Current through Register Vol. 63, No. 7, July 1, 2024
Program staff acting as escorts for inmates going to or
				returning from work release activities in the community must receive Department
				of Corrections or designated outside agency training on basic security and
				escort practices.
Statutory/Other Authority: ORS
				  144.260,
				  144.410 -
				  144.525,
				  179.040,
				  421.440,
				  423.020,
				  423.030,
				  423.075 & 1997 OL & Ch.
				  313
Statutes/Other Implemented: ORS
				  144.260,
				  144.410 -
				  144.525,
				  179.040,
				  421.440,
				  423.020,
				  423.030,
				  423.075 & 1997 OL & Ch.
				  313
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 149 - WORK RELEASE PROGRAMS › Section 291-149-0220 - Written Agreements with Public and Private Agencies/Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No inmate will
			 participate in a work release program without a written agreement between the
			 Department of Corrections or designated outside agency and the public or
			 private agency or person with whom the inmate has secured authorized work or
			 programming. The agreement will set forth any terms or conditions of the
			 inmate's assignment and participation required by the Department or designated
			 outside agency.
(2) A work release
			 program may include inmates assigned to work under the supervision of public or
			 private agencies or persons pursuant to a written inmate work program agreement
			 with the Department of Corrections or designated outside agency.
Statutory/Other Authority: ORS
				  144.260,
				  144.410 -
				  144.525,
				  179.040,
				  421.440,
				  423.020,
				  423.030,
				  423.075 & 1997 OL & Ch.
				  313
Statutes/Other Implemented: ORS
				  144.260,
				  144.410 -
				  144.525,
				  179.040,
				  421.440,
				  423.020,
				  423.030,
				  423.075 & 1997 OL & Ch.
				  313
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 153 - ACCESS TO BOARD OF PAROLE AND POST-PRISON SUPERVISION HEARINGS › Section 291-153-0005 - 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
			 144.123,
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose:
(a) The purpose of these rules is to
			 establish policies and procedures governing access to Board of Parole and
			 Post-Prison Supervision hearings held within Department of Corrections
			 facilities.
(b) A person's
			 physical access to a Department of Corrections facility is subject to the
			 Department of Corrections rules on Facility Access (OAR 291-016), Visiting
			 (Inmate) (OAR 291-127), and may be prohibited or restricted by the functional
			 unit manager or designee of the facility in which the hearing is being
			 conducted when deemed necessary or advisable to maintain the health, safety and
			 security of staff, inmates, or the public, or to maintain the safe, secure, and
			 orderly operation and management of the facility.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 153 - ACCESS TO BOARD OF PAROLE AND POST-PRISON SUPERVISION HEARINGS › Section 291-153-0020 - Inmate Accompaniment to Board of Parole and Post-Prison Supervision Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Inmates are
			 permitted to have a person accompany them in hearings before the Board of
			 Parole and Post-Prison Supervision in accordance with ORS
			 144.123. This rule establishes
			 jointly with the Board of Parole and Post-Prison Supervision policies and
			 procedures governing who may accompany an inmate before the Board.
(2) When appearing before the Board of Parole
			 and Post-Prison Supervision in a hearing, an inmate may be accompanied at the
			 Department of Corrections facility in which the inmate is confined, subject to
			 the prior approval of the facility functional unit manager or designee, by:
(a) A person who has been approved for
			 privileged visiting in accordance with the Department of Corrections rule on
			 Visiting (Inmate) (OAR 291-127);
(b) An assigned inmate legal assistant,
			 selected in accordance with the Department of Corrections rule on Legal Affairs
			 (Inmate) (OAR 291-139) from the Department of Corrections facility where the
			 inmate is confined; or
(c) The
			 inmate's attorney.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 153 - ACCESS TO BOARD OF PAROLE AND POST-PRISON SUPERVISION HEARINGS › Section 291-153-0025 - Attendance at a Board of Parole and Post-Prison Supervision Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person who
			 may attend a Board of Parole and Post-Prison Supervision hearing in person at a
			 Department of Corrections facility is subject to the approval of the functional
			 unit manager or designee of the facility in which the hearing is being
			 conducted.
(2) A person who
			 attends a Board of Parole and Post-Prison Supervision hearing in a Department
			 of Corrections facility is subject to the rules of conduct and the terms and
			 conditions set forth in the department's rules on Facility Access (OAR 291-016)
			 and Visiting (Inmate)(OAR 291-127).
(3) Who May Attend/Appear at a Board Hearing:
(a) The inmate and inmate accompaniment as
			 specified in OAR 291-153-0020;
(b) Victim or his/her representative;
(c) District attorney from the
			 committing jurisdiction or his/her representative;
(d) Public: Members of the public may attend,
			 but not participate in, Board of Parole and Post-Prison Supervision hearings;
(e) Media Representatives:
			 Approved media representatives may attend, but not participate in, Board of
			 Parole and Post-Prison Supervision hearings;
(f) Department of Corrections Employees,
			 Volunteers, and Contractors: Department of Corrections employees, volunteers,
			 and contractors may attend, but not participate in, Board of Parole and
			 Post-Prison Supervision hearings except as requested or approved by the Board
			 in order to provide testimony in the hearing; and
(g) Other persons as identified by the Board.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 156 - INMATE WELFARE FUND › Section 291-156-0005 - 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,
			 179.510 through
			 179.530,
			 421.068,
			 423.020,
			 423.030 and
			 423.075.
(2) Purpose: The purpose of these rules is to
			 establish general Department of Corrections policy and procedures governing
			 deposits to and expenditures from the Adult in Custody Welfare Fund account
			 established pursuant to ORS
			 421.068.
(3) Policy: It is the policy of the
			 Department of Corrections (DOC) to deposit revenues, less operating expenses,
			 from sources described in ORS 421.608 into an account for uses benefiting the
			 general population of adults in custody (AIC), enhancing activities and
			 programs including education programs, and providing for offender reentry
			 programs and support. This dedicated account shall be known as the Adult in
			 Custody Welfare Fund. Subject to legislative and executive department
			 authorization through the normal budgeting and appropriation process, funds
			 from the Adult in Custody Welfare Fund account will be allocated to DOC
			 facilities for a variety of programs, services, and activities benefiting the
			 general AIC population and enhancing AIC activities and programs, including
			 capital construction and improvement projects in support of such programs,
			 services, and activities.
Statutory/Other Authority: ORS
				  179.040,
				  179.510-530,
				  421.068,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  179.510-179.530,
				  421.068,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 156 - INMATE WELFARE FUND › Section 291-156-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult in
			 Custody (AIC): Any person under the supervision of the DOC who is not on
			 parole, post-prison supervision, or probation status.
(2) Adult in Custody Welfare Fund: An account
			 established under ORS
			 421.068 for uses benefiting the
			 general AIC population, enhancing activities and programs including education
			 programs, and providing for offender reentry programs and support.
(3) Department of Corrections Facility: Any
			 institution, facility, or staff office, including the grounds, operated by the
			 Department of Corrections.
(4)
			 Donated Funds: Monies received by the department for the express purpose of
			 benefiting the general AIC population and enhancing AIC activities and
			 programs, including education programs.
Statutory/Other Authority: ORS
				  179.040,
				  179.510-530,
				  421.068,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  179.510-530,
				  421.068,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 156 - INMATE WELFARE FUND › Section 291-156-0015 - Adult in Custody Welfare Fund Sources

Current through Register Vol. 63, No. 7, July 1, 2024
DOC revenue, less operating expenses, from the following
				sources shall be deposited into the Adult in Custody Welfare Fund
				account:
(1) Operation of DOC
			 canteens;
(2) Operation of the
			 vending machines in the visiting area of correctional facilities;
(3) Operation of telephones for AICs in
			 correctional facilities;
(4) Funds
			 confiscated from AICs under existing disciplinary procedures;
(5) Donated funds as defined in these
			 rules.
Statutory/Other Authority: ORS
				  179.040,
				  179.510-530,
				  421.068,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  179.510-530,
				  421.068,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 156 - INMATE WELFARE FUND › Section 291-156-0020 - Specific Uses of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
The department may use Adult in Custody Welfare Fund monies to
				fund a variety of programs, services, and activities. Specific uses of the fund
				may include, but are not limited to, operation, support, or enhancement of the
				following programs, services, and activities:
(1) Education programs;
(2) Alcohol and drug treatment and education
			 programs;
(3) Provision of
			 postage-paid envelopes for AICs that qualify in accordance with the
			 department's rule on Mail (AIC) (OAR 291-131);
(4) Provision of nonprescription,
			 over-the-counter health aids made available for AIC use in housing units in DOC
			 facilities;
(5) DOC facility
			 libraries designated for AIC use;
(6) DOC facility visiting room equipment,
			 services, and supplies; and
(7) AIC
			 activities programs, including:
(a) Equipment,
			 supplies, and services for entertainment including television viewing, music,
			 activities, and performances;
(b)
			 Visiting music or entertainment groups;
(c) Repair of equipment purchased from the
			 Adult in Custody Welfare Fund;
(d)
			 Food or supplies for special occasions;
(e) AIC awards for the purpose of providing
			 umpires, referees, and maintaining activity equipment and apparel;
(f) AIC tournaments and holiday events;
			 and
(g) AIC club
			 activities.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 157 - RELEASE SUBSIDIES › Section 291-157-0005 - 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: To assure inmates have access to
			 basic financial support for release.
(3) Policy: It is the policy of the
			 Department of Corrections to establish a program to provide releasing inmates
			 with financial assistance to meet minimum release needs, in accordance with the
			 requirements set by ORS
			 421.125(2)(b),
			 and within funds appropriated for this purpose.
Stat. Auth.: ORS
				  179.040,
				  421.125,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  421.125,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 157 - RELEASE SUBSIDIES › Section 291-157-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Inmate: Any
			 person under the supervision of the Department of Corrections who is not on
			 parole, post-prison supervision or probation status.
(2) Release Subsidy: Financial assistance
			 allocated to a releasee by the county for the purpose of purchasing essential
			 goods or services related to release needs.
(3) Release Counselor: A person employed by
			 the Department of Corrections charged with release planning for
			 inmates.
(4) Incidental Funds:
			 Funds not to exceed $25 allocated to a releasee by the Department of
			 Corrections for immediate financial assistance upon release.
(4) Releasee: Any inmate that is being
			 released to or has been released to the community on parole, post-prison
			 supervision, or discharge status.
(5) Trust Account Funds: Those monies
			 deposited to an inmate's trust account which may be used by the inmate to
			 purchase authorized items or services during his/her incarceration or be
			 assessed by the functional unit to pay any indebtedness incurred while under
			 supervision of the Department of Corrections.
Stat. Auth.: ORS
				  179.040,
				  421.125,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  421.125,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 157 - RELEASE SUBSIDIES › Section 291-157-0015 - Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice to
			 Inmates: Each inmate is responsible for saving money for release purposes. All
			 monies received in the trust account during his/her incarceration will be
			 tallied and the total figure may be the basis for approval or denial of release
			 subsidies in accordance with ORS
			 421.125.
(2) Administration: The Assistant Director
			 for Transitional Services or designee is responsible for the administration of
			 the release subsidy program. However, eligibility for release subsidies and
			 coordination of payments for releasees shall be determined by the local county
			 director of community corrections or designee.
(3) Twenty percent of the total allocation of
			 subsidy monies will be retained by the Transition and Release administrator for
			 institution release purposes and may be used towards incidental
			 funds.
(4) The balance of allocated
			 subsidy monies will be distributed to all counties via the community
			 corrections work load formula. Counties will receive subsidy funds through the
			 quarterly allotment process.
Stat. Auth.: ORS
				  179.040,
				  421.125,
				  423.020,
				  423.030 &423.075
Stats. Implemented: ORS
				  179.040,
				  421.125,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 157 - RELEASE SUBSIDIES › Section 291-157-0021 - Distribution and Processing of Incidental Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The inmate's release counselor will:
(a) Interview the releasee to determine
			 specific needs.
(b) Review the
			 inmate's trust account history and inmate support system in the
			 community.
(c) Determine if the
			 releasee is in need of incidental funds based on the information
			 gathered.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 157 - RELEASE SUBSIDIES › Section 291-157-0035 - Appeal Process

Current through Register Vol. 63, No. 7, July 1, 2024
Appeal Rights: An inmate or releasee may appeal decisions in
				the application of this rule by using the process outlined in the Department of
				Corrections rule on Grievance Review System (Inmate) (OAR
				291-109).
Stat. Auth.: ORS
				  179.040,
				  421.125,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  421.125,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 158 - TRUST ACCOUNTS (INMATE) › Section 291-158-0005 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for these rulesis granted to the Director of the
			 Department of Corrections (DOC) in accordance with ORS
			 30.643,
			 34.365,
			 34.370,
			 138.590,
			 144.335,
			 179.040,
			 179.510 to
			 179.530,
			 421.125,
			 423.020,
			 423.030,
			 423.075, and ORS
			 423.105.
(2) Purpose: The purpose of these rules is to
			 establish Department of Corrections policies and procedures for the
			 establishment and administration of inmate trust accounts, and safeguarding
			 inmate funds used for authorized expenditures, and assessments during
			 incarceration or in anticipation of release.
(3) Policy:
(a) It is the policy of the Department of
			 Corrections to restrict the use of inmate funds for authorized purposes. The
			 Department will control and safeguard inmate funds utilizing accepted
			 accounting procedures. Moneys received not in accordance with these rules will
			 be considered contraband and placed in the Inmate Welfare Fund. Every person
			 who is charged with processing inmate money ortrust funds shall follow these
			 rules.
(b) It is the policy of the
			 Department of Corrections to assess an inmate's account, as directed by statute
			 or rule, for court-ordered costs and fees in judicial review proceedings, in
			 habeas corpus and post-conviction cases, in tort actions against a public body,
			 and in other proceedings as authorized or required by law. The department
			 intends that its rules authorizing assessments against an inmate's account for
			 these purposes apply retroactively to assessments made by the Department prior
			 to, on, and after the effective date of these rules.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 158 - TRUST ACCOUNTS (INMATE) › Section 291-158-0015 - Trust Accounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Central Trust Unit will establish one trust account for each inmate which
			 corresponds to the SID number issued
.
The account will accrue
			 interest at a rate determined by applicable statutes. All moneys received for
			 an inmate that are authorized for receipt in accordance with the provisions of
			 these rules shall be credited to the inmate's trust account.
(2) The Department may assess an inmate's
			 trust account for the following non-exclusive reasons:
(a) Sanctions resulting from the inmate's
			 disciplinary hearings;
(b)
			 Garnishment actions determined by the courts;
(c) Court-ordered costs and fees in judicial
			 review proceedings, in habeas corpus and post-conviction cases, in tort actions
			 against a public body, or in other proceedings as authorized by law. The
			 reasons identified in sub-section (c) are different than those described in ORS
			 423.105.Damages or destruction caused by willful misconduct;
(d) Costs associated with the facility,
			 release, and programs;
(e) Copies;
(f) Postage;
(g) Medical or dental services, including
			 prostheses or other devices;
(h)
			 Authorized self-elected activities;
(i) To correct illegal or erroneous
			 transactions; and
(j) As otherwise
			 authorized or permitted by law.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 158 - TRUST ACCOUNTS (INMATE) › Section 291-158-0025 - Designated Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate may
			 receive and expend funds designated for a specific purpose only as authorized
			 by the functional unit manager or designee. No designated funds may be received
			 or expended by an inmate unless the sender provides a verifiable name and
			 address.
(2) The functional unit
			 manager or designee may authorize an inmate's receipt and expenditure of
			 designated funds for optical, medical or dental services, or emergency trips,
			 education programs, education-related expenses, religious items, or other areas
			 designated by the Department of Corrections policies, irrespective of whether
			 the inmate's trust account is indebted.
(3) The functional unit manager or designee
			 may authorize an inmate's receipt and expenditure of designated funds for other
			 approved purposes only if the inmate's trust account is not indebted.
(4) If an inmate has unused designated funds
			 in excess of $10, the funds shall be returned to the sender. Unused designated
			 funds in an amount of $10 or less becomes an eligible deposit to the inmate's
			 general spending trust account.
Statutory/Other Authority: ORS
				  30.643,
				  34.365,
				  34.370,
				  138.590,
				  144.335,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  30.643,
				  34.365,
				  34.370,
				  138.590,
				  144.335,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 158 - TRUST ACCOUNTS (INMATE) › Section 291-158-0035 - Interest Accruals

Current through Register Vol. 63, No. 7, July 1, 2024
Any interest accrued on funds in an inmate's protected money's
				reserve account will be credited into that account on a monthly basis. Interest
				accrued on funds in any other account or subaccount will be credited monthly
				into the general spending trust account. Inmates may request, in writing, the
				exclusion of interest on their trust account.
Statutory/Other Authority: ORS
				  30.643,
				  34.365,
				  34.370,
				  138.590,
				  144.335,
				  179.040,
				  423.020,
				  423.030,
				  423.075 &
				  179.510
Statutes/Other Implemented:423.020, ORS
				  30.643,
				  34.365,
				  34.370,
				  138.590,
				  144.335,
				  179.040,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 158 - TRUST ACCOUNTS (INMATE) › Section 291-158-0045 - Authorized Receipts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will accept and process authorized money items received by Central
			 Trust only in the form prescribed by and in accordance with the provisions of
			 these rules, OAR 291-158-0005 to 291-158-0080.
(a) Authorized money items include:
(A) Cashier's check;
(B) Money order;
(C) Checks or warrants issued by a state,
			 federal, or tribal government; and
(D) Checks issued by an insurance company
			 related to the settlement of a legal action or claim.
(E) Exceptions can be made with approval from
			 the Chief Financial Officer or designee.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 158 - TRUST ACCOUNTS (INMATE) › Section 291-158-0051 - Unauthorized Receipts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Money items
			 in the form of cash or personal checks shall not be credited to an inmate's
			 trust account.
(a) Cash received in the mail
			 by Central Trust shall be confiscated and deposited in the Inmate Welfare Fund.
			 If enough information is provided, a notice of the confiscation shall be
			 provided to the sender and a copy of the notice shall be provided to the
			 intended inmate recipient. If the cash was concealed, the method of concealment
			 will be documented. Only the sender may request an administrative review of
			 confiscated cash. If an administrative review is requested and the Department
			 determines that the sender did not conceal the cash, the money shall be
			 returned to the sender. If the Department cannot determine the sender of the
			 cash, it will remain in the Inmate Welfare Fund.
(b) Personal checks shall be returned to the
			 sender with the envelope and its contents, along with a Mail Violation Notice
			 and explanation for the return of the items.
(c) Any money item made payable jointly to
			 the inmate and a second party will be returned to the sender.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 158 - TRUST ACCOUNTS (INMATE) › Section 291-158-0065 - Indebted Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Collection of
			 DOC Debt;
(a) An inmate who has DOC debt may
			 be permitted to spend one half of the first $80 (up to $40) of funds deposited
			 into the inmate's general spending trust account for authorized expenditures
			 during that calendar month.
(b)
			 Any additional deposits received by the inmate into their general spending
			 account during the calendar month shall be applied to the inmate's debt until
			 such indebtedness is satisfied.
(c) Any unused funds remaining in an inmate's
			 general spending trust account that were not transferred from the protected
			 reserve account at the end of the last business day of the calendar month shall
			 be applied to the inmate's indebtedness. Any changes to this scheduled date
			 will be communicated by Central Trust.
(d) Holiday Period: During a designated
			 holiday period, the Assistant Director of Operations or Institution
			 Administrator may allow a standard increase in the amount of funds an inmate
			 may spend from their trust account designated for the purchase of authorized
			 items. The standard increase and holiday period will be the same for all
			 functional units and will not be collected to pay DOC debts during that period.
			 Any unused funds remaining to an inmate's trust account that were not
			 transferred from the protected reserve account at the end of the designated
			 period will be applied to the inmate's indebtedness.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 158 - TRUST ACCOUNTS (INMATE) › Section 291-158-0071 - Restitution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate may
			 be required to pay restitution to the Department as a result of the inmate's
			 misconduct in accordance with the Department's rule on Prohibited Inmate
			 Conduct (OAR 291-105).
(2) An
			 inmate may be required to pay restitution to an individual or other third party
			 as determined by law.
(3)
			 Restitution payments may be ordered paid from the inmate's trust account, or
			 from any other trust accounts over which the Department exercises control.
(4) Moneys confiscated via the
			 disciplinary process will be deposited in the Inmate Welfare Fund, unless
			 otherwise directed by the hearings officer.
Statutory/Other Authority: ORS
				  423.020,
				  423.030,
				  30.643,
				  34.365,
				  34.370,
				  138.590,
				  144.335,
				  179.040,
				  293.450,
				  421.125 &
				  423.075
Statutes/Other Implemented: ORS
				  423.020,
				  423.030,
				  30.643,
				  34.365,
				  34.370,
				  138.590,
				  144.335,
				  179.040,
				  293.450,
				  421.125 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 158 - TRUST ACCOUNTS (INMATE) › Section 291-158-0075

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 158 - TRUST ACCOUNTS (INMATE) › Section 291-158-0081 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an inmate
			 is unable to resolve an issue regarding their account as stated in OAR
			 291-158-0015(6)(a),
			 they may obtain an administrative review by writing to Central Trust on an
			 Inmate Communication form (CD214). The request must state the specific
			 reason(s) why the inmate believes any errors occurred with their account.
			 Requests for administrative review must be received by Central Trust no later
			 than 60 days from the statement issue date per OAR
			 291-158-0015 (6)(a)
			  to be reviewable.
(2) If an inmate submits a timely request for
			 administrative review, Central Trust will review relevant records to determine
			 whether any error occurred. After review, Central Trust will issue a final
			 decision in writing within 30 days after receipt of the request for
			 administrative review. A copy of the final decision letter shall be provided to
			 the inmate. First appeal letters go to the Inmate Financial Services
			 Administrator and second appeal letters go to the Chief Financial Officer.
(3) Final decisions are not
			 grievable.
Statutory/Other Authority: ORS
				  423.020,
				  423.030,
				  423.075 &
				  179.040
Statutes/Other Implemented: ORSImplemented: ORS
				  423.020,
				  423.030,
				  423.075 &
				  179.040
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 159 - DOC PROCUREMENTS FOR INSTITUTIONS AND ADMINISTRATION › Section 291-159-0010 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Procurements
			 conducted under ORS 179.040 and
			 279A.050(6)(i):
(a) OAR 291-159 rules apply to procurements
			 of goods and services for Oregon Department of Corrections (DOC) institutions
			 conducted under ORS 179.040 and
			 279A.050(6)(i)
			 except as set forth in subsections (2)(b) and (2)(c) of this rule.
(b) For procurements conducted under
			 subsection (1)(a) of this rule, DOC adopts:
(A) OAR
			 137-046-0100 through
			 137-046-0480 in effect as of
			 January 1, 2023; and
(B) OAR
			 137-047-0000 through
			 137-047-0810 in effect as of
			 January 1, 2023, with the exception of OAR
			 137-047-0330 and
			 137-047-0800. As applied to
			 these procurements, references to OAR
			 137-047-0330 are replaced by OAR
			 291-159-0110 and references to
			 OAR 137-047-0800 are replaced by OAR
			 291-159-0120.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 159 - DOC PROCUREMENTS FOR INSTITUTIONS AND ADMINISTRATION › Section 291-159-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Food Services
			 Operations and Programs: All material, equipment, food products, personal
			 property, used equipment, and Services required for the handling, preparation,
			 delivery, serving, consumption, and storage of food products for DOC's adult in
			 custody (AIC) population.
(2)
			 Independent Contractor: A Person who provides Services to DOC in which DOC
			 neither controls nor has the right to control the means or manner by which work
			 is performed. DOC may control the results of the Services but will not control
			 the means or manner of the Contractor's performance of the work.
(3) The Public Contracting Code and Attorney
			 General's Model Rules contain general definitions applicable to capitalized
			 terms in these Division 159 rules.
Statutory/Other Authority: ORS
				  179.040,
				  279A.050(6)(h) -
				  (6)(i),
				  279A.065,
				  279A.070,
				  279A.075
Statutes/Other Implemented: 279A.065, 279A.070,
				  279A.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 159 - DOC PROCUREMENTS FOR INSTITUTIONS AND ADMINISTRATION › Section 291-159-0030 - Delegation of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
The DOC Designated Procurement Officer may delegate in Writing,
				on a case-by-case basis, any Procurement for which DOC has independent
				statutory Contracting authority to the Oregon Department of Administrative
				Services (DAS). If DAS accepts a delegation, DAS shall process the delegated
				Procurement under OAR Chapter 125, Divisions 246, 247, 248, and 249. The DOC
				Designated Procurement Officer may at any time rescind any Written delegation
				issued under this rule.
Statutory/Other Authority: ORS
				  179.040,
				  279A.050(6)(h) -
				  (6)(i),
				  279A.065,
				  279A.070,
				  279A.075
Statutes/Other Implemented: 279A.065, 279A.070,
				  279A.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 159 - DOC PROCUREMENTS FOR INSTITUTIONS AND ADMINISTRATION › Section 291-159-0040 - Disabled Veteran Preference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. DOC
			 may promote goals, policies, or programs for a Disabled Veteran-owned business
			 by giving a preference to a Disabled Veteran-owned business when awarding a
			 Contract. In carrying out this goal, policy, or program, DOC may:
(a) Solicit the Contract exclusively to
			 entities owned or controlled by Disabled Veterans;
(b) Award the Contract directly to an entity
			 owned or controlled by Disabled Veterans;
(c) Use a percentage preference for entities
			 owned or controlled by Disabled Veterans.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 159 - DOC PROCUREMENTS FOR INSTITUTIONS AND ADMINISTRATION › Section 291-159-0050 - Resident Bidder Preference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 Procurements under OAR
			 291-159-0010(1)(a),
			 see OAR 137-046-0310.
(2) For Procurements under OAR
			 291-159-0010(2)(b) and
			 (2)(c), see OAR
			 125-246-0310.
Statutory/Other Authority: ORS
				  179.040,
				  279A.050(6)(h) -
				  (6)(i),
				  279A.120
Statutes/Other Implemented:
				  279A.120
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 159 - DOC PROCUREMENTS FOR INSTITUTIONS AND ADMINISTRATION › Section 291-159-0060 - Oregon Goods or Services Preference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 Procurements under OAR
			 291-159-0010(1)(a),
			 see OAR 137-046-0300.
(2) For Procurements under OAR
			 291-159-0010(2)(b) and
			 (2)(c), see OAR
			 125-246-0300.
Statutory/Other Authority: ORS
				  179.040,
				  279A.050(6)(h) -
				  (6)(i),
				  279A.128
Statutes/Other Implemented:
				  279A.128
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 159 - DOC PROCUREMENTS FOR INSTITUTIONS AND ADMINISTRATION › Section 291-159-0070 - Recycled Materials Preference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 Procurements under OAR
			 291-159-0010(1)(a),
			 see OAR 137-046-0320.
(2) For Procurements under OAR
			 291-159-0010(2)(b) and
			 (2)(c), see OAR
			 125-246-0322.
Statutory/Other Authority: ORS
				  179.040,
				  279A.050(6)(h) -
				  (i),
				  279A.125
Statutes/Other Implemented:
				  279A.125
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 159 - DOC PROCUREMENTS FOR INSTITUTIONS AND ADMINISTRATION › Section 291-159-0080 - Federal Program Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 Procurements under OAR
			 291-159-0010(2)(b) and
			 (2)(c), see OAR
			 125-246-0360.
(2) For Procurements under OAR
			 291-159-0010(1)(a),
			 DOC may purchase supplies and Services through the General Service
			 Administration (GSA) federal program or federal Contracts (Federal Program)
			 without competitive sealed bidding, competitive sealed Proposals or other
			 competition required under ORS
			 279B.050 to
			 279B.085, provided the following
			 conditions are met:
(a) DOC has authority,
			 including federal authorization, to purchase supplies and Services through
			 Federal Programs;
(b) The purchase
			 meets DOC's needs;
(c) The price
			 and other terms of the purchase are advantageous to DOC;
(d) No mandatory Price Agreement for the
			 supplies and Services exists, based upon DOC's inquiry through the Electronic
			 Procurement System;
(e) State and
			 local preference programs, including but not limited to adult in custody labor
			 in accordance with the Oregon Constitution, Article I, Section 41, products of
			 disabled individuals program of ORS
			 279.835 to
			 279.850, and mandatory use
			 Contracts under OAR 125-247-0296, are not waived or
			 otherwise adversely affected by an acquisition through a Federal
			 Program;
(f) DOC has complied with
			 OAR 137-045-0010 to
			 137-045-0090, and if it is
			 required, obtained a legal sufficiency review or exemption from the Department
			 of Justice; and
(g) DOC has
			 considered the following impacts upon local business:
(A) If the Procurement is in excess of
			 $10,000, DOC has given notice through the Electronic Procurement System of its
			 needs, reasons, and intent to procure through a Federal Program;
(B) DOC has provided a reasonable time period
			 under the circumstances for individuals to respond to the notice and send
			 Written comments to DOC; and
(C)
			 DOC has considered any comments and replied, if appropriate, before proceeding
			 with its Procurement through a Federal Program.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 159 - DOC PROCUREMENTS FOR INSTITUTIONS AND ADMINISTRATION › Section 291-159-0090 - Independent Contractor Status for Services Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DOC will
			 Contract for Services with Persons who are Independent Contractors.
(2) DOC will develop a statement of work for
			 Services that will not result in an employee relationship with the potential
			 contractor.
(3) An Independent
			 Contractor certification shall be completed for each Independent Contractor and
			 will be included as a provision in each Contract.
(4) If the nature of the Services or project
			 is such that an employee/employer relationship exists or will likely exist, DOC
			 will hire the individual through normal personnel procedures.
(5) All Contracts shall include the
			 Independent Contractor's legal name and address. The Contractor shall provide
			 DOC its federal Employer Identification Number (EIN) or Social Security Number
			 (SSN), as applicable.
(6) All
			 Contracts shall provide that the Independent Contractor is responsible for
			 federal Social Security, except those categories excluded by law, and for any
			 federal or state taxes applicable to the Contract payment.
(7) Violation of this administrative rule may
			 result in DOC withdrawing an intent to Award a Contract, or termination of an
			 existing Contract.
Statutory/Other Authority: ORS
				  179.040,
				  279A.050(6)(h) -
				  (6)(i),
				  279A.065,
				  279A.070
Statutes/Other Implemented: 279A.065,
				  279A.070