Or. Admin. Code § 291-127-0420

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-127-0420 - Visiting Application

(1) Adults in custody or prospective visitors must submit a completed visiting application (CD 50D) to Visiting Services for each prospective visitor regardless of their age.

(2) All prospective visitors aged 15 years and older shall be subject to a criminal record check as part of the visitation approval process.

(3) If the prospective visitor is an un-emancipated minor child, a notarized letter of custodial consent (Visiting Services Form 3 or Form 4) signed by the custodial parent or legal guardian must be submitted to Visiting Services as part of the visitation approval process.

(4) After review of an application, Visiting Services will notify the adult in custody in writing whether the application has been approved or denied.

(a) The adult in custody is responsible for informing their prospective visitors whether the visiting application has been approved or denied.

(b) The adult in custody can decline the visitor being added to their list by submitting a written request to Visiting Services.

(5) The Department of Corrections may, in its sole discretion, deny applications to visit if it is determined that permitting the visitation would jeopardize the safety, security, health or good order of the facility, or the safety and security of other adults in custody, employees, visitors, contractors, or the community. Specific reasons for denial include, but are not limited to, the following:

(a) The adult in custody or prospective visitor has previously introduced contraband into a jail or other corrections facility, or there is suspicion that the adult in custody or prospective visitor will introduce contraband into a Department of Corrections facility through the visiting process.

(b) The adult in custody or prospective visitor has previously disrupted the visiting process or violated visiting rules and procedures within a jail or other corrections facility by words or acts, or there is suspicion that the adult in custody or prospective visitor will disrupt the visiting process or violate visiting rules and procedures within a Department of Corrections facility by words or acts.

(c) There is suspicion that the adult in custody or prospective visitor is engaged in any form of criminal activity in the community or within a Department of Corrections facility.

(d) The prospective visitor has refused to consent to a search based upon reasonable suspicion during a prior visit to any Department of Corrections facility.

(6) If visiting is denied, the notice shall include the specific grounds for denial upon which the decision is based and inform the adult in custody that they may request an administrative review by submitting a completed administrative review for denial of visiting application form (CD 1594) as specified in this rule.

(7) All inquiries regarding a visiting application must be in writing and directed to Visiting Services. Department of Corrections employees will not respond to telephone inquiries by prospective visitors regarding department decisions to approve or deny an adult in custody's visiting application.

Or. Admin. Code § 291-127-0420

DOC 12-2019, adopt filed 6/24/2019, effective 7/1/2019; DOC 22-2024, amend filed 10/08/2024, effective 10/8/2024

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075