OAR 291-203-0040
Ability to Pay Order
(1)
An inmate and the personal estate of an inmate, or a decedent’s estate, is liable for the full cost of care as established in ORS 179.701 (Determination of cost-of-care rates). The Department may collect charges in advance for inmates with determinate sentences.(2)
The Department shall make a determination of the inmate’s ability to pay which is set forth in the Ability to Pay Order. The two types of Ability to Pay Orders are: determination of charges and a modification of charges. Each order shall be given one of these titles to identify the type of determination it sets forth, based on the factors and criteria described in the following sections.(3)
The inmate’s ability to pay will be investigated and an Ability to Pay Order may be issued when the Department is aware of an inmate or the inmate’s representative with cash assets or liquid reserves in excess of the current biennial cost of care or $55,000 whichever is greater. This Ability to Pay threshold is applicable only to the determination of who will be reviewed for an Ability to Pay Order. (ORS 179.640 (Determination of ability to pay)(1)(b).(4)
The determination of the ability to pay may be assessed at intake or any time during the inmate’s sentence, based on notification by sources the Department considers reliable. These sources include, but are not limited to, the District Attorney’s Office, the Social Security and Veterans Administration, Oregon Department of Revenue, State of Oregon agencies, or any other sources the Department deems credible.(5)
When determining an inmate’s ability to pay, in addition to other relevant factors, the Department will consider the inmate’s personal estate, the inmate’s need for funds for personal support after release, and the availability of third-party benefits such as, but not limited to, Medicare or private insurance.
Source:
Rule 291-203-0040 — Ability to Pay Order, https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-203-0040.