Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
amount determined by the Department to be the inmate's charges shall not exceed
the full cost of care for the dates covered by the Ability to Pay Order, less
payments and/or credits from any other sources the Department has received, or
reasonably anticipates receiving.
(2) Charges will be assessed using the
inmate's equity in all assets whether the asset is controlled by the person, or
by the person's authorized representative.
(a) Any asset may be liquidated in a lump sum
to pay charges assessed the inmate in the Ability to Pay Order.
(b) Equity in each asset will be determined
from the fair market value of the asset less any bona fide encumbrance against
the asset.
(c) When assets are used
as the basis for ongoing charges, the Department will estimate the length of
time the assets are expected to last. During the final 60 days of that time
period, the Department will review the inmate's financial circumstances for
modifying the inmate's charges.
(3) Charges will be assessed using the total
amount of all income received either by the inmate or for the inmate by the
inmate's authorized representative.
(4) Charges may be assessed using the
inmate's equity in a primary personal residence only if:
(a) The inmate is sentenced to death or to
life without possibility of parole; and
(b) None of the following individuals reside
in the residence:
(A) The inmate's
spouse.
(B) The inmate's child or
children under age 21, or blind or disabled children over 21.
(C) The inmate's sibling or siblings who own
an interest in the residence, and who lived in the residence for at least one
year immediately prior to the inmate becoming the custody of the
Department.
(D) The inmate's
parents or emancipated children who are unable to work to maintain themselves
as declared in ORS 109.010.
(5) Charges may be assessed using
the inmate's equity in an automobile only if it is not the inmate's primary
personal automobile.
(6)
Deductions: The Department may allow a deduction from the inmate's assets and
income for the following:
(a) Legal
Obligations: Legal obligations, other than administratively or judicially
ordered child or spousal support, as determined by the Department.
(A) Funds set aside as legal obligations may
not be accumulated by, or on behalf of the inmate, or used for purposes other
than that for which it was approved.
(B) The inmate must have demonstrated an
intent to pay the obligation. The Department may request verification of actual
payments.
(C) Any deduction allowed
for the financial support of dependents must be used to provide current
support. It may not be accumulated by, or on behalf of the inmate, and it may
not be used for other purposes.
(b) Personal Support Following Release: Based
on a showing of need, the Department may allow a deduction for the inmate's
transitional support following his/her release from an ODOC institution for
reasonable expenses to live in the community for six months, including rent,
utilities, food, public transportation, supervision fees, and miscellaneous
expenses.
(c) Personal Support
While in Custody of the Department:
(A) Based
on a showing of need, the Department may allow a deduction for an inmate's
miscellaneous personal expenses while in the custody of the Department that are
not provided by the Department and are available for purchase from the
institution commissary. These include, but are not limited to, expenses for
personal grooming and hygiene items; books, newspapers, or other publications;
or snacks or refreshments.
(B) When
a deduction is made by the Department for this purpose, the Department shall
establish an allowance to reflect a reasonable monthly spending limit for the
inmate for purchase from the institution commissary, consistent with the
Department's rule on Trust Accounts (Inmate), OAR 291-158.
Stat. Auth.: ORS
179.040,
179.610 -
179.770,
423.020,
423.030 &
423.075
Stats. Implemented: ORS
179.040,
179.610 -
179.770,
423.020,
423.030,
423.075
