Or. Admin. Code § 291-163-0020

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

Section 291-163-0020 - Definitions

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

(2) Industries: Department of Corrections, Corrections Industries.

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

(4) Inmate Product: Forming anew or transforming (e.g., creating, producing, manufacturing, or mining) of a tangible item by an inmate, and to which the inmate has added substantial value.

(5) Inmate Service: Labor or other services rendered directly by inmates that does not result in adding substantial value to the production of a tangible item, and which may include certain restoration activities, packaging, handling, dismantling, and incidental processing.

(6) Prison Operations and Programs: Inmate work programs, forest and work camps, farm and agricultural operations and programs, food services operations and programs, facility or property maintenance operations, and programs and vocational or work training programs defined as follows:

(a) Inmate Work Programs: The Department's programs that sell inmate services or inmates products to other Department programs, other state agencies, local governments, private entities or the general public;

(b) Forest and Work Camps: Forest camp operations that are established and subject to the provisions of ORS 421.450 to 421.480, and work camp operations established under ORS 421.490;

(c) Farm and Agricultural Operations and Programs: Operations and programs for the production, processing, packaging, sale, distribution or disposal of the Department's agricultural products or by-products;

(d) Food Services Operations and Programs: Operations and programs for the purchase, distribution, preparation and delivery of food and food services to the Department's institutions and facilities;

(e) Facility or Property Maintenance Operations and Programs: Operations and programs for the maintenance, janitorial, carpentry, landscaping and repair services for the Department's administration buildings, institutions, offices and warehouses;

(f) Vocational or Work Training Programs: Programs for the education or occupational training of inmates.

(7) Private Entity: Person, corporation, partnership or other business or private party recognized by law.

(8) Property: Personal property, including inventory, goods or equipment. Property does not include real property.

(9) Purchase: Acquisition of property or services with cash or a cash equivalent, or an exchange of surplus property, inmate products, or inmate services. Purchase includes acquisition by true lease, but does not include acquisition by lease purchase or other financing agreements unless:

(a) The Director or his/her designee, in consultation with the Department of Justice, determines such financing agreement is lawful; and

(b) The financing agreement is approved, when necessary, by the Department of Administrative Services and the Prison Industries Board.

(10) Sale or Sell: Includes, but is not limited to a sale, transfer, lease, disposition, grant or other conveyance of inmate products, the provision of or leasing of inmate services, or the surplus property of a program.

(11) Services: Labor or services performed by an independent contractor for temporary labor, trade-related activities or in such contractor's professional capacity.

(12) Surplus Property: All personal and real property, vehicles, and titled equipment excess to the state agency's needs and available for sale. Surplus property does not include inmate products.

Or. Admin. Code § 291-163-0020

CD 6-1997(Temp), f. & cert. ef. 4-10-97; CD 13-1997, f. 7-23-97, cert. ef. 8-1-97

Stat. Auth.: ORS 179.040, ORS 179.460, ORS 421.305(1), ORS 421.310(1), ORS 421.440, ORS 423.020, ORS 423.030 & ORS 423.075

Stats. Implemented: ORS 179.040, ORS 179.460, ORS 421.305(1), ORS 421.310(1), ORS 421.440, ORS 423.020, ORS 423.030 & ORS 423.075