Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Each inmate is authorized to possess in his/her living quarters, and in the
facility law library, legal material in or directly pertaining to his/her own
pending and active case(s)/lawsuit(s) before the courts or paroling
authorities. The authorized legal material shall not exceed the capacity of
storage container(s) designated by the functional unit manager/designee for
storage of inmate personal property. If an inmate exceeds the capacity of
available storage in his/her living quarters, additional authorized legal
storage container(s) will be available for purchase (limit two). Additional
legal storage containers shall only be used to store an inmate's authorized
legal materials.
(2) Prior to an
inmate being allowed to purchase additional legal storage container(s), the
inmate must send a written request to the staff member(s) designated by the
functional unit manager/designee.
(a) The
staff member will verify the requesting inmate has authorized legal materials
that exceed the designated storage capacity of the inmate's living quarters.
The staff member will also verify the number of legal storage containers the
inmate needs for the storage of his/her authorized legal materials.
(b) Once verified, the inmate will follow the
procedure designated by the functional unit manager/designee regarding the
purchase of authorized legal storage containers.
(3) Indigent Inmates: An inmate lacking
sufficient funds in his/her trust account to pay for an additional storage
container(s) for storage of authorized legal material in his/her living
quarters will be provided with additional storage container(s) upon written
request to the staff member(s) designated by the functional unit
manager/designee. The written request must be accompanied by a signed Inmate
Withdrawal Request form (CD 28). The inmate's trust account will be debited for
collection of the cost(s) of the container(s) as funds become
available.
(4) Excess Authorized
Legal Material: If an inmate accumulates large amounts of authorized legal
material that exceeds the capacity of storage available to the inmate in
his/her living quarters, a reasonable amount of secure space for storage of
excess authorized legal material will be provided for inmate use, on an
as-needed and availability basis, in storage areas designated by the functional
unit manager/designee. The following procedures will be utilized to provide for
the inmate's access to and security of such materials:
(a) Inmate Organizes His/Her Own Legal
Materials: The inmate shall organize and inventory his/her authorized excess
legal material by case name and number, and place the material in storage
containers approved by the department. All approved storage containers shall be
labeled with the inmate's name, SID number, and with the case name and number.
Designated staff will secure the storage containers. The inmate shall complete
an Excess Authorized Legal Material Inventory List (CD 1242a). The original
shall be retained with the library coordinator/designee, one copy shall be
retained by the inmate, and one copy shall be placed with the stored material.
Upon completion of the inventory list, the material shall be collected by
designated staff and placed in a designated storage area(s).
(b) Only legal material in or directly
pertaining to the inmate's own pending and active case(s)/lawsuit(s) before the
courts or paroling authorities, shall be authorized for storage. The inmate may
not store case law, legal texts or books, or multiple copies of legal material
as excess active legal material. Any material which is determined by staff,
with the assistance of legal counsel where necessary, to not directly pertain
to the inmate's own pending and active case(s)/lawsuit(s) shall be collected by
designated staff and placed in a standard storage box(es) for storage pending
disposition as directed and approved in writing by the functional unit
manager.
(c) Staff Orders Inmate to
Organize His/Her Own Legal Materials: Upon receiving a written order from
staff, an inmate shall have a reasonable period of time, not to exceed one week
(seven calendar days), except as authorized by the functional unit
manager/designee, within which to organize and inventory his/her legal
material, and complete an Excess Authorized Legal Material Inventory List (CD
1242a).
(A) In the event the inmate refuses
to organize and inventory his/her excess authorized legal material as ordered,
the inmate shall receive a misconduct report and the material will be collected
by designated staff and placed in a standard storage box(es) for storage. The
box(es) will be labeled with the inmate's name and SID number and marked "Legal
Material" and stored in a designated storage area.
(B) The inmate shall not have access to the
stored material until he/she agrees to properly organize and inventory the
material as ordered. In such event, the inmate will be permitted a reasonable
amount of time for this activity, not to exceed one week (seven calendar
days).
(C) In no event will such
material be destroyed or removed from the facility by staff except as
authorized and directed in writing by the inmate, in accordance with procedures
for disposition of inmate personal property provided in this rule, or as
directed and approved in writing by the functional unit manager.
(d) An inmate will be permitted
reasonable access to his/her stored excess authorized legal material. An inmate
may request his/her authorized legal material from designated storage at any
time upon showing written documentation that an imminent court deadline (within
30 days) exists, or once each month, on an exchange basis, (e.g., by trading an
equivalent amount of authorized legal material from his/her assigned cell or
housing area or from the facility law library). The request must be directed to
and approved by the facility library coordinator, and identify the specific
material(s) requested by case number and name. Removal and exchange of excess
authorized legal material from designated storage outside the facility law
library shall be documented on the Excess Authorized Legal Material Inventory
List (CD 1242a) and a Legal Material Transaction form (CD 1242). Both the
inmate and the responsible staff shall sign the inventory list and transaction
forms.
(e) Approved storage
containers are property of the department. The approved storage containers will
not be removed from the designated storage areas. Inmates will only be allowed
to remove their own legal materials under staff supervision.
(5) Possession of Authorized Legal
Material by Assigned Inmate Legal Assistants: Assigned inmate legal assistants
are authorized to receive and possess legal material pertaining to another
inmate's pending and active case(s)/lawsuit(s), only in the facility law
library, at the request of the inmate seeking assistance. Possession of such
legal material shall be for purposes of assisting the inmate with legal
research and the preparation and filing of legal documents with the courts and
paroling authorities.
Stat Implemented: ORS
179.040,
423.020,
423.030 &
423.075
