Current through Register Vol. 63, No. 9, September 1, 2024
(1) Disposition of Unauthorized/ Excess
Property at Intake:
(a) Items that are not
authorized and considered not dangerous shall be packaged and mailed out at the
inmate's expense. If the inmate lacks sufficient funds to mail out the
property, arrangements may be made for the property to be picked up at the
facility by a person designated by the inmate. Otherwise, the department shall
mail out the property to a person designated by the inmate, and the inmate's
trust account shall be debited.
(b)
To permit the department to mail out an inmate's property, the inmate must
provide staff with the name and street address of the person designated by the
inmate to receive the property. If the property is returned because it is
undeliverable, e.g., mail refused or no such address, the department shall make
a second attempt to mail out the property if the inmate provides staff with an
alternate address. If the property is returned to the facility a second time,
the department shall confiscate the property and discard it.
(c) The department will not mail out any
item(s) considered dangerous or hazardous including, but not limited to,
ammunition, knives, lighters, and batteries. Oregon Trail cards will not be
mailed out. Oregon Trail cards shall be processed as agreed upon by the
department and the Department of Human Services.
(d) All items identified for mailing
out/disposal shall be noted on the Personal Property and Clothing Inventory
List (CD 353-C). The form shall be signed by the staff inventorying the
property and the inmate.
(e) The
form will be kept on file for a period of three years. A copy of the inventory
form will accompany the item(s) mailed out.
(2) Disposition of Excess Property:
(a) Inmate personal property that exceeds the
capacity of the facility's designated storage space shall be considered excess
property. Excess property shall be mailed out at the inmate's expense or
discarded. Excess property that is not mailed out or discarded at the direction
of inmate shall be considered contraband, and may result in confiscation of the
item(s) and/or disciplinary action.
(b) Staff shall direct inmates in writing to
bring their aggregate property within the capacity of designated storage space.
The facility will hold an inmate's excess property for no more than 45 days
following the date of staff's written order directing the inmate to mail out or
dispose of the inmate's excess property. If after 45 days the inmate has not
made arrangements to mail out or dispose of the item(s), the department shall
confiscate the property as contraband and discard it.
(3) Disposition of Unclaimed Property: Inmate
personal property items that the department cannot identify as the property of
a specific inmate shall be confiscated and held by the department for no more
than 45 days. If after 45 days the property items remain unclaimed, the
department shall discard the items.
(4) Disposition of Abandoned Property:
(a) Upon the Inmate's Release or Death:
Inmate personal property that is left with the department upon an inmate's
release from a department facility or death shall be processed and disposed of
as follows:
(A) Staff will secure, inventory,
and place the inmate's property in a secure area.
(B) Staff will attempt to contact the
person(s) on the inmate's notification record to take possession of the
property. If contact is made with the person(s), and if the person decides to
claim and take possession of the inmate's property, the person must make
arrangements with the designated staff to pick up the property at the facility
or for the property to be mailed to the person. If the person picks up the
property at the facility, the person must sign and provide staff with a
property receipt before taking possession of the property. If the person makes
arrangements to take delivery of the property by mail, the property will be
mailed to the person certified mail, return receipt requested. Staff will
document the property transfer, and place and maintain the property inventory
and signed property receipt (or, in the case of mailing, the certified mail
return receipt) in the inmate's institution file and such other files, if any,
that the facility maintains for such records.
(C) The department will store the inmate's
property for no more than 45 days following the inmate's release or death. If
after 45 days the property remains unclaimed, the department shall confiscate
the property and discard it.
(b) Upon the Inmate's Escape:
(A) The department is not responsible for any
loss or damage to inmate personal property that is left with the department
upon an inmate's escape from an ODOC confinement or custody.
(B) In the event of escape, the inmate's
property shall be confiscated, searched, inventoried and placed in evidence or
property room in a secure area.
(C)
If the inmate is not returned to the custody of the department within 45 days,
and the property is not being held for evidence, the department shall discard
the property.
(c)
Voluntary Abandonment: Inmate personal property that is voluntarily abandoned
by an inmate during confinement in an ODOC facility shall be disposed of as
excess property.
(d) Funds held in
the inmate's trust account shall be disposed of in accordance with the
department's rule on Trust Account (Inmate) (OAR 291-158).
(e) Books and Shoes: Abandoned books will be
stamped as department property and placed in the facility library. Abandoned
shoes will be discarded.
(5) Disposition of Property Held as Evidence:
Inmate personal property items that have been confiscated and held by the
department as evidence in a disciplinary investigation shall be returned to the
inmate upon conclusion of the investigation and any subsequent disciplinary
hearing/case, if the inmate is found not to have violated the rules of
prohibited inmate conduct, and the property item(s) is not classified as
contraband.
(6) Disposition of
Certain "Valuable" Property Items: Notwithstanding the dispositional rules set
forth above, the department shall hold jewelry, approved religious items, and
any other functional inmate property item that cost $75 or more, excluding
books and shoes, for a period of no more than two years. If after two years the
property remains unclaimed, the department shall confiscate and dispose of the
item(s).
Stat. Auth.: ORS
179.040,
423.020,
423.030 &
423.075
Stats. Implemented: ORS
179.040,
423.020,
423.030 &
423.075
