Or. Admin. Code § 291-158-0015
Current through Register Vol. 63, No. 12, December 1, 2024
Section 291-158-0015 - Trust Accounts(1) The Central Trust Unit will establish one trust account for each inmate which corresponds to the SID number issued. The account will accrue interest at a rate determined by applicable statutes. All moneys received for an inmate that are authorized for receipt in accordance with the provisions of these rules shall be credited to the inmate's trust account.(2) The Department may assess an inmate's trust account for the following non-exclusive reasons: (a) Sanctions resulting from the inmate's disciplinary hearings; (b) Garnishment actions determined by the courts; (c) Court-ordered costs and fees in judicial review proceedings, in habeas corpus and post-conviction cases, in tort actions against a public body, or in other proceedings as authorized by law. The reasons identified in sub-section (c) are different than those described in ORS 423.105.Damages or destruction caused by willful misconduct; (d) Costs associated with the facility, release, and programs; (g) Medical or dental services, including prostheses or other devices;(h) Authorized self-elected activities; (i) To correct illegal or erroneous transactions; and(j) As otherwise authorized or permitted by law.(3) Inmates who are indebted to the Department shall have their trust account debited and funds disbursed in accordance with the provisions of OAR 291-158-0065. (4) Once per calendar month, an inmate may request to transfer funds from their protected moneys reserve account to the inmate's general spending trust account by submitting a completed Transfer Request form (CD1832) to Central Trust or designee, unless the Inmate Financial Banking System allows for direct spending from the protected moneys reserve account. These deposits if allowed, are not considered eligible deposits and therefore are not subject to collection of DOC debt and non-DOC debt, except when the Department is required to pursuant to court order. Once per calendar month, an inmate may request to transfer funds from their general spending account to their general savings account by submitting a completed Transfer Request form (CD1832) to Central Trust. 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.(5) Release subsidies may be determined in accordance with OAR 291-157 and ORS 421.125. (6) Each month, Central Trust will provide each inmate with an active trust account, a statement that shows a list of transactions by type, dollar amount, and running balance. This statement may be provided by paper or electronic means.(a) An inmate may submit questions or disputes regarding the statement to Central Trust, in writing, within 60 days of the statement issue date. Questions regarding account balances or whether transactions have been posted must be submitted to the institution business office, or, if an institution business office is not available, to Central Trust. (b) Each inmate shall be responsible for monitoring their trust account balance by using the monthly account statements provided to them. Additional copies of the monthly account statement shall be available for purchase from Central Trust at a cost of $.50 per page.(7) Funds held in an inmate's trust account shall be disbursed to the inmate upon release from the Department of Corrections custody, unless otherwise provided by law. All moneys not protected or obligated will be applied to an inmate's indebtedness prior to release. An inmate approaching release shall not be allowed to initiate a withdrawal request within fourteen days of the scheduled release date. (8) Any monetary transaction made on behalf of one inmate for the benefit of another inmate is prohibited. Exceptions may be allowed on a case-by-case basis by the Chief Financial Officer, and Assistant Director of Operations, or their designees.(9) A transfer of funds from one inmate's trust account to another inmate's trust account, including transfers that are made or facilitated by a person who is not under the supervision of the Department of Corrections, or by a financial institution, is prohibited. Exceptions may be allowed on a case-by-case basis by the Chief Financial Officer, and Assistant Director of Operations, or their designees.(10) Funds received by the Department for an inmate who is the subject of an investigation by the Department or a law enforcement agency may be held by the Department in the inmate's miscellaneous reserve account pending the outcome of the investigation. (11) Funds remaining in a trust account that remain unclaimed two years after the inmate's release from custody of the Department of Corrections or death shall be disposed of pursuant to the Uniform Disposition of Unclaimed Property Act, ORS 98.302, et seq. (12) Stale checks processed from trust funds shall be returned to the inmate trust account. Or. Admin. Code § 291-158-0015
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 24-1990(Temp), f. & cert. ef. 11-2-90; CD 9-1991, f. & cert. ef. 4-3-91; CD 10-1991(Temp), f. & cert. ef. 4-22-91; CD 24-1991, f. & cert. ef. 10-8-91; 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, Former sections (7), (8), (9), (10), (11) & (12) renumbered to 291-158-0025, 291-158-0035, 291-158-0045, 291-158-0055, 291-158-0065 & 291-158-0075; 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 6/19/2019Statutory/Other Authority: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented:423.020, 423.030, ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040 & 423.075