Current through Register Vol. 63, No. 9, September 1, 2024
If an inmate refuses to pay for the cost of care, the unpaid
amount plus interest shall be a lien in favor of the State of Oregon. The lien
shall be upon the title to and interest in the real and personal property of
the personal estate.
(1) If any amount
due the department for the cost of care of an inmates is not paid within 30
days after it becomes due, and no provision is made to secure the payment by
bond, deposit or otherwise, pursuant to these rules, the department may enforce
its recoupment lien created by ORS
179.653 by issuance of a
Distraint warrant in the manner provided in ORS
179.655.
(2) Any warrant issued by the department
pursuant to ORS 179.655 shall clearly provide
that the sheriff or other person executing the warrant shall not levy upon and
sell any real or personal property that would be exempt under Oregon law from
execution pursuant to a judgment. However, the department shall not issue a
warrant pursuant to ORS
179.655 where:
(a) The amount due the department for the
cost of care of an inmate is not at least 30 days over due;
(b) Provision has been made to secure the
payment by bond or deposit or otherwise in conformation with this
rule;
(c) The inmate has exercised
the right to appeal the Ability to Pay Order pursuant to OAR
291-203-0090;
(d) Sixty-one days have not passed since the
issuance of the Ability to Pay Order; or
(e) The inmate or the inmate's authorized
representative has not been given at least ten days prior notice that the
department intends to issue such a warrant.
(3) Securing Satisfaction of Ability to Pay
Order:
(a) The issuance of a warrant to the
sheriff to enforce collection of delinquent money will be stayed either by
paying the amount due and accrued interest after it becomes due or by securing
payment of that amount by bond or deposit.
(b) The bond given by the inmate to an
inmate's authorized representative must be for an amount not less than the
amount due, plus interest for a reasonable period of time as determined by the
department.
(A) The bond must be executed by
a surety company that is registered with, and under the supervision of, the
insurance commissioner of the State of Oregon.
(B) The department may allow more than two
sureties to justify several amounts less than that expressed in the
undertaking, if the whole justification is equivalent to that of two sufficient
undertakings.
(C) Any one of the
following items or combination of items acceptable to the department, equal to
the amount due, plus accrued interest thereon, may be deposited with the
department:
(i) A deposit of money;
(ii) A certified check or checks on any state
or national bank within the State of Oregon payable to the
department;
(iii) Satisfactory
bonds negotiable by delivery, or obligations by the U. S. Government negotiable
by delivery; or
(iv) Any other
security satisfactory to the department.
(c) The department may require additional
security whenever, in its opinion, the value of the security pledged is no
longer sufficient to adequately secure the payment of the amount due, plus
accrued interest thereon.
(d)
Release of Tax Lien and Clouds on Title: When such a warrant is not in fact a
lien on title to the real property, but merely a cloud on the title, a request
for release of a warrant shall include the reason why the warrant does not
constitute a lien and a copy of the current title report. The department may
require other documentary proof showing the present condition of the title to
the property in question.
Stat Auth: ORS
179.040,
179.640,
179.770,
423.020,
423.030 &
423.075
Stat Impl: ORS
179.040,
179.610 -
179.770,
423.020,
423.030 &
423.075
