Or. Admin. Code § 291-041-0017

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

Section 291-041-0017 - Adult in Custody Legal Storage Boxes

(1) Storage boxes for adult in custody legal materials, whether provided by the department or purchased by the adult in custody, may be inspected by staff at any time for the presence of non-legal materials.

(2) Any material found that fits the definition of contraband will be confiscated, except for material that might also fit the definition of authorized legal material. (Refer to Definitions, OAR 291-041-0010) Staff should not read, copy, or retain any material that might be construed as being authorized legal material (i.e. papers, folders, letters, etc.).

(3) If the inspecting staff member has reason to believe the box contains materials not authorized by the DOC rule on Property (AIC), OAR 291-117, as authorized legal material, the staff member will seal the box and securely store it.

(a) As soon as possible, a designated staff member will review the contents of the box with the adult in custody to make a determination about whether or not the materials in question fit the definition of authorized legal materials.

(b) Unless a disciplinary report is issued, any material confiscated will be placed in a sealed envelope, initialed and addressed by the adult in custody, and sent out of the institution at the adult in custody's expense to a person of their choosing.

(c) If a disciplinary report is issued, the material will be placed in a sealed envelope, initialed by the adult in custody, and placed in evidence pending the result of the disciplinary hearing.

Or. Admin. Code § 291-041-0017

DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08; DOC 2-2020, amend filed 01/29/2020, effective 1/31/2020

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075