Or. Admin. Code § 291-158-0010

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

Section 291-158-0010 - Definitions

(1) Administrative Trust Account: An account created and approved by Central Trust that is located in the inmate financial banking system. This type of account may be used for club accounts, group activities or special interest groups, and are not associated with an individual State Identification Number (SID).

(2) Central Trust: A unit within the Department of Corrections that is responsible for administering and managing inmate trust accounts; including making authorized transactions consistent with state or federal law in inmate trust accounts and administrative trust accounts.

(3) Court-Ordered Financial Obligations (COFO): Financial obligations an inmate may have, as defined in ORS 423.105, including, but not limited to, certain fines, fees, or restitution imposed in a criminal case, a child support obligation, or a civil judgment that includes a money award for a crime victim, or otherwise defined in ORS 423.105.

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

(5) Designated Funds: Funds sent to any inmate that are designated and obligated to pay for a specific service or item authorized by the Functional Unit Manager.

(6) DOC Debt: Any debt the Department of Corrections is authorized to place on the inmate's trust account as debt owed to the Department of Corrections.

(7) Eligible Deposits: Deposits made into an inmate's general spending account that are subject to the Department's debt collection procedures in these rules, including discretionary monetary awards made by DOC to inmates under the Performance Recognition and Award System (PRAS) from legislatively-appropriated funds.

(8) Financial Information: Trust account information that reflects the transactions associated with an inmate's account reflecting a list of transactions by type, dollar amount and running balance.

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

(10) 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 has responsibility for the delivery of program services or coordination of program operations. In a correctional facility, the functional unit manager is the superintendent.

(11) Garnishment: The procedure by which a creditor invokes the authority of a circuit court, justice court or municipal court to acquire garnishable property of a debtor that is in the possession, control or custody of a person other than the debtor.

(12) Inmate: Any person in the physical custody of (or on out-count from) the Department of Corrections, and for whom the Department has created and maintained a trust account administered by Central Trust.

(13) Inmate Financial Banking System: A system for managing financial transactions for moneys held within Central Trust.

(14) Inmate Trust Account: An account DOC establishes and maintains in trust for the deposit and safeguarding of moneys that are the property of an inmate or associated with an inmate by their SID number on their behalf. DOC may segregate moneys for specific purposes into subaccounts, and those subaccounts may include restrictions or conditions on the manner or timing in which an inmate may use or access funds in those accounts. The types of subaccounts DOC may establish include:

(a) General Spending Trust Account: The primary account that holds funds that are not designated for any specific purpose. An inmate may use the funds in this account to make any purchase that has been approved by DOC, (for example authorized personal necessities, commissary items, photocopies, postage, Board of Parole and post-prison supervision materials).

(b) Reserve Account: A sub-account that holds funds that are not subject to the debt collection procedures for DOC debt or non-DOC debt as provided in these rules. Types of reserve accounts include, but are not limited to:

(A) Protected Moneys Reserve Account: A sub-account containing funds that are not designated for any specific purpose. An inmate may use the funds in this account to make any purchase that has been approved by DOC, (for example authorized personal necessities, photocopies, postage, Board of Parole and Post-Prison Supervision materials) except commissary. To purchase commissary items, protected moneys reserve account funds may be transferred using a Transfer Form (CD1832) to the General Spending Trust Account and maintain their protected status, unless the Inmate Financial Banking System allows for direct spending from the protected moneys reserve account. Funds allowed to be transferred in this manner are non-eligible deposits and are not subject to collection of DOC or non-DOC debt, except when the Department is required to pursuant to court order.

(B) Protected Moneys Reserve Obligated Account: A sub-account containing funds that are designated and obligated to be used to pay for specific goods, services, programs, or assistance, including but not limited to dental, educational, medical, optical, or religious purchases, and special trips.

(C) Miscellaneous Reserve Account: A sub-account that holds pending funds that are designated and obligated to be used for a specific purpose.

(c) Savings Accounts:

(A) General Savings Account: A subaccount that holds funds until release from DOC custody. Funds in this account may be subject to the collection of any DOC and non-DOC debts as provided in these rules. Exceptions to use funds from this account may be made with the approval of the CFO or designee.

(B) Transitional Savings Account: A reserve account established and protected pursuant to ORS 423.105 that holds funds for an inmate to use upon release from DOC custody. Funds in this account are not subject to the collection of any DOC and non-DOC debt.

(15) Inmate Welfare Fund: An account established to provide moneys to enhance programs and activities that benefit the general inmate population.

(16) Moneys: Cash, money orders, personal checks, warrants, certified checks, and other remittances.

(17) Non-DOC Debt: Any debt incurred by an inmate that is not a DOC Debt.

(18) Non-Eligible Deposit: Protected funds defined in ORS 423.105 and OAR 291-158.

(19) Obligated Moneys: Moneys reserved for a specific purpose and that may have restrictions or conditions on the manner or authority for disbursing those moneys.

(20) Out-count: A count of inmates who are officially listed on the facility census but who are not physically present on the premises; e.g. inmates attending court, in a hospital, performing community service, work release or at an off-facility medical appointment. An out-count is a segment of the count of inmates.

(21) Photo Identification (Photo ID): Any government-issued photo identification that contains a current home address.

(22) Protected Moneys: As defined in ORS 423.105, moneys deposited in an inmate trust account that are not subject to collection under state or federal law, including but not limited to:

(a) Disability benefits for veterans;

(b) Moneys received from a Native American tribe or tribal government;

(c) Moneys obligated for medical, dental, religious, education, optical expenses or emergency trips;

(d) Railroad retirement benefits; or

(e) Moneys paid as compensation to an inmate in a prison work program established under the Prison Industries Enhancement Certification Program, or a successor program designated by the United States Director of the Bureau of Justice Assistance pursuant to 18 U.S.C. 1761.

(23) Receipts: Official Department of Corrections money receipts that are used to record receipt of money on behalf of or for the use of inmates.

(24) Release Subsidies: Financial assistance allocated to a released inmate by the county for the purpose of purchasing essential goods or services related to release needs.

(25) SID Number: A unique State Identification Number (SID) assigned to each inmate reported to the Oregon State Police Identification Services Section.

(26) Signature Authorization Form (CD1465): The official form designated by Central Trust that contains the signatures of each staff member authorized by their specific functional unit manager or designee to approve completed Withdrawal Request forms (CD28) for designated inmate expenditures.

(27) Stale Check: A check that is outstanding and has not been cashed for two years or more.

(28) Trust Funds: Moneys that are the property of an inmate or held on behalf of an inmate that are deposited with the State Treasurer and managed by the Department of Corrections.

Or. Admin. Code § 291-158-0010

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 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92; CD 1-1993, f. 1-25-93, cert. ef. 1-28-93; 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, 179.510, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075, 34.370 & 179.520

Statutes/Other Implemented:179.510, 423.020, 423.030, 423.075, ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 179.520, 179.530 & 423.105