Or. Admin. Code § 291-133-0015

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-133-0015 - Marriage or Domestic Partnership Solemnization Ceremony Application, Approval, and Eligibility Requirements

(1) An inmate incarcerated in a Department of Corrections facility wishing to marry or have a domestic partnership solemnization ceremony may obtain necessary forms from designated staff.

(2) The department will not transport inmates for the purpose of participating in a marriage or domestic partnership solemnization ceremony.

(3) Marriages and domestic partnership solemnization ceremonies in a Department of Corrections facility will occur two times per year on the fourth week of April and October.

(4) A Request for Inmate Marriage or Domestic Partnership Solemnization Ceremony form (CD1396) must be submitted for approval to designated staff at least six weeks prior to the scheduled marriage or ceremony date.

(a) An inmate requesting a solemnization ceremony must also submit a certified copy of the inmate's Declaration of Domestic Partnership registered with the County Clerk's Office.

(b) Designated staff shall approve or disapprove the request within 15 working days following receipt, except that approval or disapproval may be delayed for up to 30 working days if the accuracy of the information provided on the Request for Inmate Marriage or Domestic Partnership Solemnization Ceremony form (CD1396) is in doubt.

(5) An applicant and prospective spouse, and an applicant's domestic partner, must meet the following eligibility requirements:

(a) The applicant is confined in a Department of Corrections facility at the time of the application and remains so until the marriage or domestic partnership solemnization ceremony.

(b) The applicant has no major disciplinary misconduct sanctions six weeks prior to the marriage or domestic partnership solemnization ceremony date and remains without any such sanctions until the marriage or domestic partnership solemnization ceremony.

(c) Neither the marriage applicant nor the applicant's prospective spouse is currently married, mentally incapacitated, of blood relation of first cousins or closer.

(d) Both the applicant and prospective spouse, or the applicant's domestic partner, are approved for privileged visitation under the Department of Corrections rule on Visiting (Inmate) (OAR 291-127) at the time of the application, or if not at the time of the application, at least six weeks prior to the scheduled marriage or domestic partnership solemnization ceremony date and remain so qualified until the marriage or domestic partnership solemnization ceremony date. This eligibility requirement for privileged visiting may be waived for an applicant who is assigned to administrative housing for reasons of protective custody, or for an applicant who is on death row status.

(e) The applicant, whether indigent or not, accepts responsibility for all fees incurred related to the marriage or domestic partnership solemnization ceremony process, such as the marriage license fee and ceremony expenses.

(f) The necessary procedures for the issuance of a marriage license and performance of the marriage ceremony, or for the performance of the solemnization ceremony, is not inconsistent with the safe, secure and orderly operation of the Department of Corrections facility, inmate rehabilitation, or other penological interest.

(g) Approval may be withdrawn by the functional unit manager, or by designated staff, if the applicant later becomes ineligible.

Or. Admin. Code § 291-133-0015

CD 31-1978, f. 10-24-78, ef. 10-25-78; CD 18-1981(Temp), f. & ef. 6-30-81; CD 50-1981, f. & ef. 10-30-81; CD 28-1983, f. & ef. 7-11-83; CD 58-1985, f. & ef. 8-16-85; CD 48-1986, f. & ef. 11-20-86; CD 22-1991, f. & cert. ef. 9-20-91; CD 11-1993(Temp), f. 4-21-93, cert. ef. 4-26-93; CD 28-1993, f. 10-22-93, cert. ef. 10-23-93; DOC 8-2002, f. & cert. ef. 6-12-02; DOC 5-2008(Temp), f. &cert. ef. 4-1-08 thru 9-28-08; DOC 25-2008, f. &cert. ef. 9-26-08; DOC 7-2016, f. & cert. ef. 4/20/2016

Stat. Auth.: ORS 137.285, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 137.285, 179.040, 423.020, 423.030, 423.075 & 2007 OL Ch. 99