Or. Admin. R. 291-158-0005

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

Section 291-158-0005 - Authority, Purpose, and Policy

(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.

Or. Admin. R. 291-158-0005

CD 6-1985(Temp), f. & ef. 6-17-85; CD 63-1985, f. & ef. 8-16-85; CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90; CD 9-1991, f. & cert. ef. 4-3-91; CD 1-1993, f. 1-25-93, cert. ef. 1-28-93; DOC16-2008(Temp), f. &cert. ef. 7-1-08 thru 12-26-08; DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08; DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018; DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019; DOC 11-2019, amend filed 06/19/2019, effective 6/19/2019

Statutory/Other Authority: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075 & 423.105

Statutes/Other Implemented:423.075, ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020 & 423.030