Or. Admin. Code § 291-158-0055

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

Section 291-158-0055 - Authorized Expenditures

(1) An inmate may request and authorize Central Trust or their designee to withdraw funds from the inmate's trust account for authorized expenditures. Transactions will be recorded on the inmate's monthly trust account statement by referencing the transaction description and transaction date.

(2) An inmate may initiate an authorized expenditure by submitting a completed Withdrawal Request form (CD28) to Central Trust or their designee. If an inmate has a protected money reserve account and wants the expenditure to be paid with funds from the protected moneys reserve account, the inmate must designate the use of protected money reserve funds on the CD28. The inmate must sign the Withdrawal Request form in the presence of a designated staff member as approved by the functional unit manager before sending the form to the functional unit manager or designee for approval.

(3) The Department, in its sole discretion, may require that an inmate first accumulate sufficient funds in the inmate's trust account to cover the entire cost of a requested purchase or payment before authorizing the transaction.

(4) Purchases: An inmate may use their general spending trust account funds to purchase authorized personal necessities, commissary items, photocopies, postage, and other such items as authorized for inmate purchase by the Department. A request to purchase materials from the Board of Parole and Post-Prison Supervision (Parole Board) must be sent directly to the Parole Board prior to submitting a completed withdrawal request, to determine whether the materials are available and may be disclosed. An inmate may use funds held in their protected moneys reserve account to purchase authorized necessities, photocopies, postage, and other such items as authorized for inmate purchase by the Department except for commissary. To purchase commissary items, protected moneys reserve account funds may be transferred using a Transfer Form (CD1832) to the General Spending Trust Account and maintain their protected status. Funds transferred in this manner are non-eligible deposits and are not subject to collection of DOC or non-DOC debt, except when the Department is required to pursuant to court order.

(5) Payments/Disbursements: Unless otherwise provided by law, inmates may make the following types of payments or disbursements:

(a) Support Payments, Court Orders, and Judgments: Payments for child, spousal, or family support (whether court ordered or self-elected), and to satisfy court orders and judgments (e.g., restitution orders, garnishment orders, judgments for filing fees and courts costs).

(b) Self-Elected Programs, Services and Assistance: Payments for self-elected programs, services, assistance and Private Sector Prison Industries Program, as authorized by the Department (e.g., education programs, inmate hair salon services, etc.).

(c) Disbursement of Excess Funds: Inmates who have no DOC debts may request Central Trust to disburse a portion of their general spending trust account funds in excess of their personal needs, and that of their dependents, to a third party (other than a Department of Corrections inmate or family member of another Department of Corrections inmate) for legitimate and verifiable purposes. The Withdrawal Request form (CD28) must be directed in writing to and approved by the facility functional unit manager or designee. At any time and regardless of debt status, an inmate may request that Central Trust disburse funds from their protected moneys reserve account through the use of a withdrawal of funds form (CD28).

(d) The Department may require additional information prior to approving any payment or disbursement.

(6) Non-sufficient Funds: The Department will return any Withdrawal Request form (CD28) if the inmate lacks sufficient trust account funds for the requested withdrawal amount, unless the inmate is specifically authorized to incur a debt in connection with the requested withdrawal.

Or. Admin. Code § 291-158-0055

CD 6-1985(Temp), f. & ef. 6-17-85; CD 63-1985, f. & ef. 8-16-85; CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90; CD 24-1990(Temp), f. & cert. ef. 11-2-90; CD 9-1991, f. & cert. ef. 4-3-91; CD 10-1991(Temp), f. & cert. ef. 4-22-91; CD 24-1991, f. & cert. ef. 10-8-91; CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92; CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(10); DOC16-2008(Temp), f. &cert. ef. 7-1-08 thru 12-26-08; DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08; DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018; DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019; DOC 11-2019, amend filed 06/19/2019, effective 6/19/2019

Forms referenced are available from the agency.

Statutory/Other Authority: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075