Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 158 - TRUST ACCOUNTS (INMATE)
Section 291-158-0010 - Definitions
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Administrative Trust Account: An account created and approved by Central Trust that is located in the inmate financial banking system. This type of account may be used for club accounts, group activities or special interest groups, and are not associated with an individual State Identification Number (SID).
(2) Central Trust: A unit within the Department of Corrections that is responsible for administering and managing inmate trust accounts; including making authorized transactions consistent with state or federal law in inmate trust accounts and administrative trust accounts.
(3) Court-Ordered Financial Obligations (COFO): Financial obligations an inmate may have, as defined in ORS 423.105, including, but not limited to, certain fines, fees, or restitution imposed in a criminal case, a child support obligation, or a civil judgment that includes a money award for a crime victim, or otherwise defined in ORS 423.105.
(4) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.
(5) Designated Funds: Funds sent to any inmate that are designated and obligated to pay for a specific service or item authorized by the Functional Unit Manager.
(6) DOC Debt: Any debt the Department of Corrections is authorized to place on the inmate's trust account as debt owed to the Department of Corrections.
(7) Eligible Deposits: Deposits made into an inmate's general spending account that are subject to the Department's debt collection procedures in these rules, including discretionary monetary awards made by DOC to inmates under the Performance Recognition and Award System (PRAS) from legislatively-appropriated funds.
(8) Financial Information: Trust account information that reflects the transactions associated with an inmate's account reflecting a list of transactions by type, dollar amount and running balance.
(9) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.
(10) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an Administrator and has responsibility for the delivery of program services or coordination of program operations. In a correctional facility, the functional unit manager is the superintendent.
(11) Garnishment: The procedure by which a creditor invokes the authority of a circuit court, justice court or municipal court to acquire garnishable property of a debtor that is in the possession, control or custody of a person other than the debtor.
(12) Inmate: Any person in the physical custody of (or on out-count from) the Department of Corrections, and for whom the Department has created and maintained a trust account administered by Central Trust.
(13) Inmate Financial Banking System: A system for managing financial transactions for moneys held within Central Trust.
(14) Inmate Trust Account: An account DOC establishes and maintains in trust for the deposit and safeguarding of moneys that are the property of an inmate or associated with an inmate by their SID number on their behalf. DOC may segregate moneys for specific purposes into subaccounts, and those subaccounts may include restrictions or conditions on the manner or timing in which an inmate may use or access funds in those accounts. The types of subaccounts DOC may establish include:
(15) Inmate Welfare Fund: An account established to provide moneys to enhance programs and activities that benefit the general inmate population.
(16) Moneys: Cash, money orders, personal checks, warrants, certified checks, and other remittances.
(17) Non-DOC Debt: Any debt incurred by an inmate that is not a DOC Debt.
(18) Non-Eligible Deposit: Protected funds defined in ORS 423.105 and OAR 291-158.
(19) Obligated Moneys: Moneys reserved for a specific purpose and that may have restrictions or conditions on the manner or authority for disbursing those moneys.
(20) Out-count: A count of inmates who are officially listed on the facility census but who are not physically present on the premises; e.g. inmates attending court, in a hospital, performing community service, work release or at an off-facility medical appointment. An out-count is a segment of the count of inmates.
(21) Photo Identification (Photo ID): Any government-issued photo identification that contains a current home address.
(22) Protected Moneys: As defined in ORS 423.105, moneys deposited in an inmate trust account that are not subject to collection under state or federal law, including but not limited to:
(23) Receipts: Official Department of Corrections money receipts that are used to record receipt of money on behalf of or for the use of inmates.
(24) Release Subsidies: Financial assistance allocated to a released inmate by the county for the purpose of purchasing essential goods or services related to release needs.
(25) SID Number: A unique State Identification Number (SID) assigned to each inmate reported to the Oregon State Police Identification Services Section.
(26) Signature Authorization Form (CD1465): The official form designated by Central Trust that contains the signatures of each staff member authorized by their specific functional unit manager or designee to approve completed Withdrawal Request forms (CD28) for designated inmate expenditures.
(27) Stale Check: A check that is outstanding and has not been cashed for two years or more.
(28) Trust Funds: Moneys that are the property of an inmate or held on behalf of an inmate that are deposited with the State Treasurer and managed by the Department of Corrections.
Statutory/Other Authority: ORS 30.643, 34.365, 179.510, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075, 34.370 & 179.520
Statutes/Other Implemented:179.510, 423.020, 423.030, 423.075, ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 179.520, 179.530 & 423.105