OAR 291-158-0005
Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 30.643 (Waiver or deferral of fees and costs), 34.365 (Filing petition of prisoner without payment of filing fees), 34.370 (Order to show cause), 138.590 (Petitioner may proceed as a financially eligible person), 144.335 (Appeal from order of board to Court of Appeals), 179.040 (General powers and duties), 179.510 (“Funds” defined) to 179.530 (Disbursements from accounts), 421.125 (Clothing, money and documents upon release), 423.020 (Department of Corrections), 423.030 (Department not limited by ORS 423.020), 423.075 (Director), and ORS 423.105 (Payment of inmate court-ordered financial obligations).
(2) Purpose: The purpose of these rules is to establish Department of Corrections policies and procedures for the establishment and administration of inmate trust accounts, and safeguarding inmate funds used for authorized expenditures, and assessments during incarceration or in anticipation of release.
(3) Policy:
(a) It is the policy of the Department of Corrections to restrict the use of inmate funds for authorized purposes. The Department will control and safeguard inmate funds utilizing accepted accounting procedures. Moneys received not in accordance with these rules will be considered contraband and placed in the Inmate Welfare Fund. Every person who is charged with processing inmate money or trust funds shall follow these rules.
(b) It is the policy of the Department of Corrections to assess an inmate’s account, as directed by statute or rule, for court-ordered costs and fees in judicial review proceedings, in habeas corpus and post-conviction cases, in tort actions against a public body, and in other proceedings as authorized or required by law. The department intends that its rules authorizing assessments against an inmate’s account for these purposes apply retroactively to assessments made by the Department prior to, on, and after the effective date of these rules.

Source: Rule 291-158-0005 — Authority, Purpose, and Policy, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=291-158-0005.

Last Updated

Jun. 24, 2021

Rule 291-158-0005’s source at or​.us