Or. Admin. R. 291-127-0415

Current through Register Vol. 63, No. 6, June 1, 2024

Section 291-127-0415 - [Effective until 11/11/2024] Eligibility of Prospective Visitors

(1) All persons, except as specifically provided in these rules, are eligible to be considered by the Department for approval to visit an inmate confined in a Department of Corrections facility, upon application and request by the inmate or prospective visitor.

(2) A person is ineligible to visit an inmate confined in a Department of Corrections facility if the person:

(a) Has been convicted of, or has criminal charges pending against him or her for the following crimes or criminal activities:

(A) Introduction or supplying, attempting or conspiring to introduce or supply contraband;

(B) Possession, control or delivery of an explosive device or substance, including attempt or conspiracy to do the same; or

(C) Assisting an inmate in an escape or unlawful departure from a correctional facility, including an attempt or conspiracy to do the same.

(b) Has any pending criminal charges;

(c) Is an inmate on transitional leave or who is assigned to another Department of Corrections facility;

(d) Has been determined by the Department to have introduced or conspired to introduce contraband as defined in the Department's rule on Prohibited Inmate Conduct (OAR 291-105) and the person was permanently removed from the inmate's visiting list;

(e) Is identified in official records reviewed by the Department of Corrections as a victim of the inmate's crime(s) of conviction for which the inmate is currently serving a sentence of incarceration to the legal and physical custody of the Department of Corrections, and the sentence is for conviction of a person felony or person misdemeanor crime as defined in the Oregon Criminal Justice Commission's rules on Definitions (OAR 213-003-0001);

(f) Has been convicted of a person felony or person Class A misdemeanor as defined in the Oregon Criminal Justice Commission's rules on Definitions (OAR 213-003-0001) within 5 years of the application date in which the inmate was a victim;

(g) Is or has been a co-defendant with the inmate in any criminal prosecution, within 5 years of the application date;

(h) Has been convicted of the unlawful possession, delivery, or manufacture of a controlled substance as defined in ORS 475.005(6) within the last three years

(i) Has been incarcerated for conviction of a felony crime in a state, county or federal corrections facility at some time in the past three years;

(j) Is a former Department of Corrections employee, or law enforcement personnel who resigned in lieu of termination from their position as a result of an inappropriate relationship with an inmate, or who was discovered after their resignation, retirement or termination to have been engaged in an inappropriate relationship with an inmate; or

(k) Is a former non-employee service provider whose facility access has been denied as a result of an inappropriate relationship with an inmate.

(3) Minor Children Who Qualify as Victims of Designated Crimes: Notwithstanding OAR 291-127-0415(2), a minor child who is identified in official records reviewed by the Department of Corrections as a victim of a person felony or person Class A misdemeanor as defined in the Oregon Criminal Justice Commission's rules on Definitions (OAR 213-003-0001) may be approved by the Assistant Director of Correctional Services or designee to visit with their incarcerated AIC parent if the Department of Human Services provides the Department of Corrections written support for the visitation to take place or notifies the Department of Corrections that a juvenile court order has been issued that approves or recommends the visitation.

(4) A person who is on probation, parole or post-prison supervision will be eligible to apply for visiting with the written consent of the person's parole/probation officer, or in the case of court-supervised probation, with the written consent of the supervising judge, and the approval of the superintendent or designee, subject to all eligibility requirements in this rule.

(5) Current Department of Corrections employees, volunteers and contractors are ineligible to visit an inmate unless the inmate is a member of the employee's, volunteer's, or contractor's immediate family as defined in these rules.

(6) A prospective visitor may not be on more than one inmate's approved visiting list at the facility where the inmate is confined, unless the prospective visitor is an immediate family member to both inmates.

(7) Non-employee service providers may be approved to visit more than one inmate in the same facility if approved by the Social Support Services Administrator or Designee.

(8) Non-employee service providers may not visit any inmates at the same facility in which they are volunteering or providing services unless approved by the superintendent.

Or. Admin. R. 291-127-0415

DOC 12-2019, adopt filed 6/24/2019, effective 7/1/2019; DOC 14-2019, minor correction filed 07/01/2019, effective 7/1/2019; DOC 3-2021, temporary amend filed 04/01/2021, effective 4/1/2021 through 9/27/2021; DOC 9-2021, amend filed 06/04/2021, effective 6/4/2021; DOC 7-2024, temporary amend filed 05/16/2024, effective 5/16/2024 through 11/11/2024

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075