Or. Admin. Code § 291-158-0051

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

Section 291-158-0051 - Unauthorized Receipts

(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.

Or. Admin. Code § 291-158-0051

DOC 35-2018, temporary adopt filed 12/24/2018, effective 12/25/2018 through 06/22/2019; DOC 11-2019, adopt filed 06/19/2019, effective 6/19/2019

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