Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 131 - MAIL (AIC)
Section 291-131-0050 - Administrative Review
Universal Citation: OR Admin Rules 291-131-0050
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Correspondence and Publications:
(a)
Non-Inmate Sender:
(A) A non-inmate sender
who has received a mail violation, publication violation, or confiscation
notice for written or pictorial content may obtain an independent review of the
rejection of mail by writing to the functional unit manager or designee and
requesting an administrative review within 30 days of the date of the notice.
The review request shall specify in writing the reason why the rejection should
not be sustained and include the rejection notice. The rejected mail, if
returned to the sender, must be submitted with the violation or confiscation
notice along with the review request.
(B) An intended inmate recipient who has
received a mail violation, publication violation, or confiscation notice for
written or pictorial content may obtain an independent review by writing to the
functional unit manager or designee and requesting an administrative review
within 30 days of the date of the notice. The review request shall specify type
of violation (mail, publication, or confiscation), date of violation, and name
and issue date of any involved publication.
(b) Inmate Sender: An inmate sender who has
received a mail violation or confiscation notice for written or pictorial
content may obtain an independent review with the same provisions as a
non-inmate sender. The intended recipient shall not be eligible for an
administrative review.
(c) No
administrative review shall be afforded if the rejection is based on the
presence of an unauthorized attachment, substance, or enclosure on or with the
mail, or if the rejection is based on any violation not related to the written
or pictorial content.
(2) Packages: No administrative review shall be available to the sender or intended inmate recipient of a package.
(3) Administrative Review Process:
(a) The functional unit manager shall appoint
an official or employee, other than the employee who originally rejected the
correspondence or publication, to conduct the administrative review.
(b)The administrative review shall consist of
an informal review of the original mail rejection decision and shall include a
review of the mail or publication violation or confiscation notice, the request
for administrative review, and where necessary, the rejected mail, article or
material for compliance with department rules. No formal hearing shall be
conducted.
(c) The functional unit
manager or designee shall permit the intended inmate recipient an opportunity
to review the rejected mail for purposes of administrative review, unless such
review may provide the inmate with information of a nature which is deemed to
pose a threat or detriment to the security, good order or discipline of the
facility, or to encourage or instruct in criminal activity.
(A) The intended inmate recipient shall
specify in writing the reason why the rejection should not be sustained within
five days after reviewing the rejected material, or within five days of
receiving notice that the inmate was not allowed to review the rejected
material for the reasons stated above.
(B) If the inmate refuses to review the
material, the administrative review will be considered dismissed.
(d) The official or employee
assigned to review the original mail rejection decision shall deliver a written
recommended decision (together with a copy of the mail or publication violation
or confiscation notice, the request for administrative review, and where
necessary, the rejected mail, article, and material) to the functional unit
manager or designee for his/her review and approval.
(e) The functional unit manager or designee
shall review the recommended decision and either affirm, reverse, or otherwise
modify the original mail rejection decision in writing. The administrative
review shall be completed within 45 days after receipt of the request for
administrative review. A copy of the functional unit manager or designee's
decision shall be provided to the party who requested the administrative
review.
Forms referenced are available from the agency.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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