ORS 423.105
Payment of court-ordered financial obligations

  • rules

(1)

As used in this section:

(a)

“Adult in custody” means a person who is at least 18 years of age and in the physical custody of the Department of Corrections. “Adult in custody” does not include:

(A)

A person on leave from prison due to participation in an alternative incarceration program established under ORS 421.504 (Special alternative incarceration program) or short-term transitional leave under ORS 421.168 (Transitional leave).

(B)

A person transferred into or out of department custody pursuant to an interstate corrections compact.

(C)

A person in the physical custody of the Oregon Youth Authority.

(D)

A person in the physical custody of a county jail or other county detention facility.

(b)

“Collected moneys” means moneys that have been collected from an adult in custody trust account by the Department of Corrections pursuant to this section.

(c)

“Court-ordered financial obligation” means:

(A)

A compensatory fine imposed pursuant to ORS 137.101 (Compensatory fine), an award of restitution as defined in ORS 137.103 (Definitions for ORS 137.101 to 137.109) or any other fines, fees or court-appointed attorney fees imposed in a criminal action;

(B)

A child support obligation;

(C)

A civil judgment including a money award in which the Department of Justice is a judgment creditor; or

(D)

A civil judgment including a money award entered against an adult in custody resulting from an action for the assault or battery of a Department of Corrections or Oregon Corrections Enterprises employee.

(d)

“Criminal action” has the meaning given that term in ORS 131.005 (General definitions).

(e)

“Eligible moneys” means moneys deposited in an adult in custody trust account that are subject to collection under this section, including but not limited to adult in custody performance monetary awards and moneys received from family members or friends of the adult in custody. “Eligible moneys” does not include protected moneys.

(f)

“Protected moneys” means moneys deposited in an adult in custody trust account that are not subject to collection under state or federal law or under this section including but not limited to:

(A)

Disability benefits for veterans;

(B)

Moneys received from a Native American tribe or tribal government;

(C)

Moneys dedicated for medical, dental or optical expenses or emergency trips;

(D)

Railroad retirement benefits; or

(E)

Moneys paid as compensation to an adult in custody in a prison work program established under the Prison Industries Enhancement Certification Program, or a successor program designated by the United States Director of the Bureau of Justice Assistance pursuant to 18 U.S.C. 1761.

(2)

Intentionally left blank —Ed.

(a)

Notwithstanding ORS 161.675 (Time and method of payment of fines, restitution and costs), the Department of Corrections shall collect eligible moneys from an adult in custody trust account if the adult in custody owes court-ordered financial obligations as described in this section.

(b)

Notwithstanding any other provision of this section, the department may deduct a fixed percentage of each adult in custody performance monetary award made to an adult in custody, to be credited to a general victims assistance fund, before crediting the remainder of the award to the adult in custody trust account.

(3)

Intentionally left blank —Ed.

(a)

The Judicial Department shall provide an accounting to the Department of Corrections of court-ordered financial obligations described in subsection (1)(c)(A) of this section, if any, owed by each adult in custody. The Department of Justice shall provide an accounting of court-ordered financial obligations described in subsection (1)(c)(B) and (C) of this section. The accounting records may be provided electronically in a format agreed upon by the departments.

(b)

Upon receipt of the accounting records described in paragraph (a) of this subsection, the Department of Corrections shall collect a portion of eligible moneys from the adult in custody trust account of each adult in custody as follows:

(A)

Until an adult in custody not sentenced to death or to life imprisonment without the possibility of release or parole has $500 in a transitional fund to facilitate reentry after release, 10 percent of eligible moneys shall be collected for court-ordered financial obligations and five percent of eligible moneys shall be collected and transferred to the transitional fund.

(B)

After the adult in custody has at least $500 in the transitional fund, or if the adult in custody has been sentenced to death or to life imprisonment without the possibility of release or parole, the department shall collect 15 percent of eligible moneys for court-ordered financial obligations.

(C)

After court-ordered financial obligations have been paid, an adult in custody not sentenced to death or to life imprisonment without the possibility of release or parole may elect to continue to transfer five percent of eligible moneys into the transitional fund.

(c)

Notwithstanding ORS 18.615 (Garnishable property generally) or any other provision of law, while moneys held in a transitional fund described in this subsection remain within the custody or control of the Department of Corrections, those moneys are neither assignable nor subject to execution, garnishment, attachment or any other process.

(4)

There are four levels of priority for the application of collected moneys to court-ordered financial obligations, with Level I obligations having the highest priority and Level IV obligations having the lowest priority. The levels are as follows:

(a)

Level I obligations are compensatory fines imposed pursuant to ORS 137.101 (Compensatory fine), awards of restitution defined in ORS 137.103 (Definitions for ORS 137.101 to 137.109) and fines, fees or court-appointed attorney fees imposed in a criminal action.

(b)

Level II obligations are civil judgments that include a money award in which the Department of Justice is a judgment creditor.

(c)

Level III obligations are child support obligations.

(d)

Level IV obligations are civil judgments including a money award entered against an adult in custody resulting from an action for the assault or battery of a Department of Corrections or Oregon Corrections Enterprises employee.

(5)

Intentionally left blank —Ed.

(a)

After receiving the accounting records described in subsection (3) of this section, the Department of Corrections shall disburse the collected moneys for court-ordered financial obligations to the Department of Justice and the Judicial Department, as appropriate.

(b)

The Department of Justice and the Judicial Department shall apply the collected moneys received from the Department of Corrections under this subsection to the court-ordered financial obligations of an adult in custody according to the priority levels of the obligations.

(6)

Intentionally left blank —Ed.

(a)

The Department of Justice may create a subaccount in which to deposit the collected moneys received from the Department of Corrections under this section.

(b)

The Judicial Department may create a subaccount in which to deposit the collected moneys received from the Department of Corrections under this section.

(c)

The Department of Corrections may create subaccounts for the purposes of storing collected moneys prior to disbursement under this section.

(7)

The Department of Corrections, the Department of Justice and the Judicial Department may adopt rules to implement this section. [2017 c.692 §1; 2018 c.120 §8; 2019 c.213 §99; 2019 c.474 §§3a,3b]

Source: Section 423.105 — Payment of court-ordered financial obligations; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors423.­html.

423.010
Definitions for ORS 423.010 to 423.070
423.020
Department of Corrections
423.030
Department not limited by ORS 423.020
423.035
Application of ORS 411.171 (1)
423.045
Handgun or ammunition on department property
423.055
Provision of personal hygiene products
423.070
Deposit and disbursement of funds received under Western Interstate Corrections Compact
423.075
Director
423.076
Director’s authority to grant peace officer power to corrections officer
423.077
Certification of department employees to provide mental health services
423.078
Visitors
423.085
Administrator of Correctional Education
423.090
Establishment or designation of diagnostic facilities
423.093
Reimbursement of expenses from prisoner
423.097
Department of Corrections Account
423.100
Revolving fund
423.105
Payment of court-ordered financial obligations
423.110
Acceptance of moneys for reentry services
423.120
Supplemental funding for reentry of young offenders
423.150
Treatment for drug-addicted persons
423.160
Bill of rights of children of incarcerated parents
423.400
Office established
423.405
Qualifications for office
423.410
Term
423.415
Deputy and additional officers and employees
423.420
General duties and powers
423.425
Investigatory authority
423.430
Investigative priority
423.435
Recommendations following investigation
423.440
Letters between ombudsman and persons in custody
423.445
Witness rights
423.450
Contempt proceedings against person interfering with ombudsman
423.475
Findings
423.478
Duties of department and counties
423.483
Baseline funding
423.486
Costs incurred by county
423.490
Department reimbursement of counties for costs incurred pursuant to ORS 813.011
423.497
National criminal history check
423.500
Definitions for ORS 423.500 to 423.560
423.505
Legislative policy on program funding
423.520
Financial grants to counties for community corrections programs
423.525
Application for financial aid
423.530
Procedure for determining amount of financial grants
423.535
Biennial community corrections plan required
423.540
Program compliance review by Director of Department of Corrections
423.549
State positions in community corrections branch
423.555
Statewide program evaluation and information system
423.557
“Recidivism” defined for statistical evaluations
423.560
Local public safety coordinating council
423.565
Additional duties of public safety coordinating council
423.569
Annual summary
423.600
Legislative findings
423.605
Definition
423.610
Liability of persons associated with program
423.615
Rules
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