Or. Admin. Code § 291-139-0190
Current through Register Vol. 63, No. 12, December 1, 2024
Section 291-139-0190 - Storage, Control, and Disposition of Legal Materials(1) General: (a) Each inmate may possess and store their own legal materials as authorized by the department in accordance with the department's rules on Personal Property (Inmate) (OAR 291-117).(b) Each inmate is responsible for maintaining custody of their own authorized legal materials except for those authorized legal materials that are maintained on digital or electronic storage media, which will be maintained in the facility law library.(2) Removable Media Devices: (a) The department, in its discretion, may make removable media devices available for inmate use for saving and storing legal documents created using word processing equipment in the facility law library.(b) When made available by the department for inmate use, removable media devices that are owned by the department may be assigned to an inmate by the library coordinator. In order to receive authorization for assignment and use of a department-owned removable media device an inmate must agree to the terms and conditions of use set forth in a Removable Media Use Acknowledgment Statement (CD1761).(c) An assigned removable media device may only be used by the inmate for the creation and storage of legal documents, and is subject to cursory review by the library coordinator and other correctional staff. Any material stored on an assigned removable media device that is not legal in nature, or which belongs to another inmate or pertains to another inmate's legal affairs will be confiscated in accordance with the department's rules on Personal Property (Inmate) (OAR 291-117). Misuse of removable media devices may result in loss of privileges.(d) Assigned removable media devices will be securely stored in the facility law library or in another secure area designated by the functional unit manager or designee. Inmates may access their assigned removable media by checkout for use at an approved law library terminal.(e) The use of removable media by inmates is governed by the department's rules on Inmate Access to Automation (OAR 291-086) and the Removable Media Use Acknowledgment Statement (CD1761).(3) Audio or Video Recordings of Court and Paroling Authority Hearings and Proceedings: (a) Inmates in Department of Corrections facilities may be authorized by the library coordinator to access recordings of their official court and paroling authority hearings and proceedings sent in from the court, paroling authority, or the inmate's attorney. Inmates can request access to those recordings by using the Law library Request Form for General Population (CD1714).(b) Authorized audio or video recordings of hearings and proceedings sent into the facility from a court, paroling authority, or attorney will be securely stored in the law library.(c) Authorized audio or video recordings hearings and proceedings sent into the facility from a court, paroling authority or attorney must be labeled to identify the inmate's name and State Identification ("SID") number, and the court and case caption and number that the records pertain to. The library coordinator may place additional labeling on electronic media sent in from a court, paroling authority, or the inmate's attorney for purposes of storage and tracking.(d) Authorized audio or video recordings of hearings and proceedings sent into the facility from a court, paroling authority, or the inmate's attorney must be compatible with the media software made available for inmate use by the department. Any media that is not compatible with the department existing media software will be returned to the sender. Inmates are responsible for informing their attorney of department requirements.(e) Only those inmates who are the subject of and a party to the court or paroling authority case or proceeding, or assigned legal assistants as requested by the inmate, will be authorized to review the audio or video recording of the court or paroling authority hearing or proceeding.(4) Transfers Within the Department: (a) Inmates who transfer to another Department of Corrections facility will have their legal property transferred with them.(b) Electronic material stored on an assigned removable media device will be forwarded by the library coordinator or other supervising staff at the previous facility to the library coordinator at the receiving facility without charge to the inmate.(5) Disposition of Legal Material: (a) Department of Corrections staff will process the disposition of legal documents and materials in accordance with the provisions in the department's rules on Personal Property (Inmate) (OAR 291-117).(b) Upon an inmate's release from a Department of Corrections or other facility upon completion of the inmate incarceration term or sentence, or upon the death of an inmate, all stored legal materials of the inmate will be processed in accordance with the department's rules on Personal Property (Inmate) (OAR 291-117.)(c) Legal documents and other materials will be destroyed if department staff are unable to identify the inmate to which the materials belong in accordance with the rules on Personal Property (Inmate) (OAR 291-117).Or. Admin. Code § 291-139-0190
DOC 13-2017, f. 8-23-17, cert. ef. 9/1/2017; DOC 14-2017, minor correction filed 10/23/2017, effective10/23/2017Statutory/Other Authority: ORS 179.040, 423.020, 423.030& 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030& 423.075