Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 158 - TRUST ACCOUNTS (INMATE)
Section 291-158-0051 - Unauthorized Receipts
Universal Citation: OR Admin Rules 291-158-0051
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Money items in the form of cash or personal checks shall not be credited to an inmate's trust account.
(a) Cash received in
the mail by Central Trust shall be confiscated and deposited in the Inmate
Welfare Fund. If enough information is provided, a notice of the confiscation
shall be provided to the sender and a copy of the notice shall be provided to
the intended inmate recipient. If the cash was concealed, the method of
concealment will be documented. Only the sender may request an administrative
review of confiscated cash. If an administrative review is requested and the
Department determines that the sender did not conceal the cash, the money shall
be returned to the sender. If the Department cannot determine the sender of the
cash, it will remain in the Inmate Welfare Fund.
(b) Personal checks shall be returned to the
sender with the envelope and its contents, along with a Mail Violation Notice
and explanation for the return of the items.
(c) Any money item made payable jointly to
the inmate and a second party will be returned to the sender.
(2) Unidentifiable Funds:
(a) Any remittance that is intended to be
credited to an inmate's trust account that lacks sufficient information for the
Department to identify the inmate, or the sender, will be placed in an
Administrative trust Account. The Administrative Trust Account will be
reconciled on a quarterly basis.
(b) If the sender is identifiable, and if the
inmate is identifiable, Central Trust shall give written notice that a deposit
was sent with insufficient information to be deposited into the inmate's trust
account. If sufficient information is not provided by the sender, the funds
shall be placed in the Inmate Welfare Funds based on violating these
rules.
(c) If the sender is
identifiable but the inmate is unidentifiable, Central Trust shall return the
funds to the sender. If the funds are undeliverable and returned to Central
Trust they will be considered contraband based on violating the trust rule and
will be deposited in the unidentified deposit account.
(d) Any unclaimed funds remaining in the
unidentified deposit account for greater than 60 days shall be confiscated and
deposited into the Inmate Welfare Fund.
(e) If a sender wishes to claim funds that
have been confiscated by Central Trust and can provide sufficient information
according to this trust rule, they must do so within one calendar year from
deposit date.
Statutory/Other Authority: ORS 34.365, 30.643, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 34.365, 30.643, 34.370, 138.590, 144.335, 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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