Or. Admin. Code § 291-139-0110

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-139-0110 - Definitions

(1) Active Case: A case or proceeding that is pending before a court or paroling authority.

(2) Cursory Review: A quick scan of documents conducted by the library coordinator or other corrections staff to verify that the documents belong to the inmate and are legal in nature.

(3) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(4) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.

(5) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an administrator and who has responsibility for delivery of program services or coordination of program operations.

(6) General Legal User: An inmate requesting access to law library services, equipment, or supplies in order to conduct legal research or to prepare a legal document in a matter that does not raise a legal challenge to the inmate's conviction or sentence, or to the conditions of the inmate's prison confinement, that is pending before or to be submitted to a court or paroling authority, including but not limited to the following matters: marriage dissolution(divorce), child custody, paternity, estate matters, DMV matters, social security benefits, wills, power of attorney, immigration, internal DOC administrative grievances, and general research

(7) Imminent Court Deadline: A deadline for the filing of a legal document with a court or paroling authority that must be received by the court or paroling authority within 30 calendar days.

(8) Indigent Inmate: An indigent inmate without sufficient funds in the inmate's trust account at the time of request to pay for supplies or services needed to prepare or make required filings with a court or paroling authority.

(9) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(10) Legal Documents: Pleadings (i.e., complaint, petition or answer), legal motions and memoranda, affidavits, court orders and judgments, or other necessary papers submitted to a court in connection with a legal action. For purposes of these rules "legal documents" include necessary papers submitted to the Oregon Board of Parole and Post-Prison Supervision and equivalent releasing authorities in other state and federal jurisdictions in connection with official actions and proceedings of such authorities.

(11) Legal Assistant: An inmate assigned to work in a facility law library to help guide and assist other inmates with legal research and preparation of legal documents for filing with a court or paroling authority.

(12) Library Coordinator: A department employee assigned to provide general and law library services to inmates in a Department of Corrections facility.

(13) Priority Legal User: An inmate requesting access to law library services, equipment, or supplies in order to conduct legal research or to prepare a legal document in a matter that raises a legal challenge to the inmate's conviction or sentence, or to the conditions of the inmate's prison confinement that is pending before or to be submitted to a court or paroling authority. Matters may include: direct appeals and collateral challenges to the inmate's conviction or sentence in state or federal court (i.e., direct appeals in Oregon Court of Appeals and Oregon Supreme Court, and United States Supreme Court; petitions for post-conviction relief in Oregon Circuit Court, and appeals in the Oregon Court of Appeals, Oregon Supreme Court, and United States Supreme Court; petitions for habeas corpus in United States District Court, and appeals in United States Courts of Appeal and United States Supreme Court; petitions for habeas corpus in in Oregon Circuit Court, and appeals in Oregon Court of Appeals and Oregon Supreme Court; actions for violation of federal civil rights under 42 USC Section 1983 in United States District Court, and appeals in United States Courts of Appeal and United States Supreme Court; and actions for violation of federal civil rights under 42 USC section 1983 filed in Oregon Circuit Court, and appeals in Oregon Court of Appeals and Oregon Supreme Court).

(14) Removable Media: Any storage device that can be portable, accessible, or connected to any computing device with the ability to process the contents held on that media. Examples include but are not limited to USB-based memory sticks, removable memory cards, portable audio/media players that support data storage, removable memory-based media, such DVDs, CDs, or floppy disks.

(15) Special Housing: Inmate housing assignments other than general population.

Or. Admin. Code § 291-139-0110

DOC 13-2017, f. 8-23-17, cert. ef. 9/1/2017

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

Stats Implemented: ORS 179.040, 423.020, 423.030 & 423.075