Current through Register Vol. 63, No. 9, September 1, 2024
(1) An inmate incarcerated in a Department of
Corrections facility wishing to marry or have a domestic partnership
solemnization ceremony may obtain necessary forms from designated staff.
(2) The department will not
transport inmates for the purpose of participating in a marriage or domestic
partnership solemnization ceremony.
(3) Marriages and domestic partnership
solemnization ceremonies in a Department of Corrections facility will occur two
times per year on the fourth week of April and October.
(4) A Request for Inmate Marriage or Domestic
Partnership Solemnization Ceremony form (CD1396) must be submitted for approval
to designated staff at least six weeks prior to the scheduled marriage or
ceremony date.
(a) An inmate requesting a
solemnization ceremony must also submit a certified copy of the inmate's
Declaration of Domestic Partnership registered with the County Clerk's Office.
(b) Designated staff shall approve
or disapprove the request within 15 working days following receipt, except that
approval or disapproval may be delayed for up to 30 working days if the
accuracy of the information provided on the Request for Inmate Marriage or
Domestic Partnership Solemnization Ceremony form (CD1396) is in doubt.
(5) An applicant and
prospective spouse, and an applicant's domestic partner, must meet the
following eligibility requirements:
(a) The
applicant is confined in a Department of Corrections facility at the time of
the application and remains so until the marriage or domestic partnership
solemnization ceremony.
(b) The
applicant has no major disciplinary misconduct sanctions six weeks prior to the
marriage or domestic partnership solemnization ceremony date and remains
without any such sanctions until the marriage or domestic partnership
solemnization ceremony.
(c)
Neither the marriage applicant nor the applicant's prospective spouse is
currently married, mentally incapacitated, of blood relation of first cousins
or closer.
(d) Both the applicant
and prospective spouse, or the applicant's domestic partner, are approved for
privileged visitation under the Department of Corrections rule on Visiting
(Inmate) (OAR 291-127) at the time of the application, or if not at the time of
the application, at least six weeks prior to the scheduled marriage or domestic
partnership solemnization ceremony date and remain so qualified until the
marriage or domestic partnership solemnization ceremony date. This eligibility
requirement for privileged visiting may be waived for an applicant who is
assigned to administrative housing for reasons of protective custody, or for an
applicant who is on death row status.
(e) The applicant, whether indigent or not,
accepts responsibility for all fees incurred related to the marriage or
domestic partnership solemnization ceremony process, such as the marriage
license fee and ceremony expenses.
(f) The necessary procedures for the issuance
of a marriage license and performance of the marriage ceremony, or for the
performance of the solemnization ceremony, is not inconsistent with the safe,
secure and orderly operation of the Department of Corrections facility, inmate
rehabilitation, or other penological interest.
(g) Approval may be withdrawn by the
functional unit manager, or by designated staff, if the applicant later becomes
ineligible.
Stat. Auth.: ORS
137.285,
179.040,
423.020,
423.030 &
423.075
Stats. Implemented: ORS
137.285,
179.040,
423.020,
423.030,
423.075 & 2007 OL Ch.
99
